6 QCPD officers suspended for misconduct in arrest of Failon's kin

MANILA, Philippines – Quezon City police criminal investigation chief Superintendent Franklin Mabanag and five other police officers were suspended for six months after the National Police Commission found that they committed grave misconduct in arresting the in-laws and household helpers of broadcaster Ted Failon last May 24.

The other suspended police officers are Superintendent Gerardo Ratuita, Chief Inspectors Cherry Lou Donato and Enrico Figueroa, Senior Inspector Roberto Razon Sr., and Inspector Erlinda Garcia.

Three other Quezon City police officers placed under investigation over the May 24 incident were exonerated of charges of grave misconduct for insufficiency of evidence.

They are Superintendent Marcelino Pedrozo, Senior Police Officer 2 Jerry Abada and Police Officer 2 Joycelyn Marcelo.

Napolcom vice chairman Eduardo Escueta said the Napolcom had contemplated ordering the demotion of the suspended police officers but settled for suspension.

Escueta said the suspended police officers committed grave misconduct for arresting Failon’s in-laws and household helpers without any basis.

“You must remember that arrests must have warrants,” he said.

“In this case, there was no warrant. No basis for warrantless arrest. Even the Quezon City Prosecutor’s Office said that there was no ground for the case of obstruction of justice (on Failon’s in-laws and helpers).”

Escueta said the suspended police officers also denied Failon’s in-laws and household helpers their Miranda rights.

“The fact that they did not read them their Miranda rights was already a big violation,” he said.

“They were also denied their right to counsel during their arrest, while under custody and while being investigated.”

The Napolcom also ordered the police officers re-assigned to other posts after they have served their suspensions.

Interior Secretary Ronaldo Puno, Napolcom chairman, said it is disappointing that ranking police officers commit violations when they should know proper procedures.

“They are better suited at other posts such as at the police mobile group where they will have limited contact with people,” he said.

Puno said the Napolcom is “unhappy” with the manner the suspended police officers had entered the New Era Hospital in Quezon City and arrested Failon’s in-laws without an arrest warrant.

“You don’t barge into a hospital and use force,” he said.

“You must respect the institution. They should have shown respect in entering the hospital.”

Mabanag, Ratuita, Donato, Figueroa, Razon, Garcia, Pedrozo, Abada and Marcelo were placed on a 30-day preventive suspension pending the completion of the Napolcom investigation.

Their preventive suspension ended last May 24.

Meanwhile, Ratuita told reporters yesterday the Napolcom order suspending them has no basis at all.

“We haven’t received a copy of the decision but definitely we’ll file an MR (motion for reconsideration),” he said.

Ratuita said the filing of the motion for reconsideration is “part of exhaustion of remedies” to lift their suspension. 

Ratuita said they have 10 days upon receipt of the Napolcom resolution to file the motion. – With Dennis Carcamo