In a seven-page complaint before the Office of the Ombudsman, Tabayoyong alleged the policemen from the Criminal Investigation and Detection Group (CIDG) and the agents of the Intelligence Service of the Armed Forces of the Philippines (ISAFP) made the illegal raid at his rented room and seized numerous election documents without a search warrant.
Tabayoyong, a former handwriting expert of the NBI allied with the political opposition, claimed the government agents violated Article 128 of the Revised Penal Code (Violation of Domicile) and Article 363 (Incriminating Innocent Person).
Among the respondents named in the complaint were ISAFP chief Brig. Gen. Marlu Quevedo and Maj. Serme Ayuyao of the ISAFP’s Military Intelligence Group 24 (MIG-24).
Also named respondents were CIDG-National Capital Region director Superintendent Asher Dolina, Superintendent Wilben Mayor, Inspector Oscar Ragmac, Senior Police Officer 1 (SPO1) Dante Bonita, SPO1 Edward Ramos, SPO2 Jhessie Sandalang, SPO3 Rhoderic Ferrer, PO2 Baldo Macatangay and PO3 Allan Verano.
Tabayoyong said the raiders illegally seized the documents pertaining to the May 10, 2004 elections, which he said are material and relevant to the electoral protest of former senator and vice presidential candidate Loren Legarda.
He said the election documents were the official copies provided by the Commission on Elections (Comelec) to the opposition which were entrusted to him for analysis and evaluation by Legarda and the Koalisyon ng Nagkakaisang Pilipino (KNP).
Five boxes of assorted documents from the Jose Pidal case and charts showing the convergence of the "Hello, Garci" wiretapping case to the alleged election fraud and the impeachment process were among those confiscated.
Aside from the complaint of illegal search and seizure, Tabayoyong, in his complaint, also accused the ISAFP and CIDG raiders of "incriminating an innocent person" when they charged him with illegal possession of firearms before the Rizal Provincial Prosecutor’s Office.
Tabayoyong said the raiders claimed they had seized a caliber .38 Smith and Wesson revolver, a magazine for a Thompson submachine gun, a magazine for a caliber .45 pistol, a magazine for a 9-mm. pistol, 25 bullets for a 9-mm. pistol and 20 bullets for a caliber .38 revolver.
Tabayoyong, however, insisted he does not own any guns or ammunition.
The CIDG earlier said the raid was conducted after the house owner, Carmela Cabuhat, called for police assistance after seeing the election documents inside Tabayoyong’s rented room.
According to the CIDG, Cabuhat filed a complaint with the ISAFP saying she found suspicious materials inside her house.