State Prosecutor Romeo Senson identified those charged as Ernesto Incomedes, Antonio Aliermo, Edgardo Ignacio, Elias Jaylo, Fernando Jardin, Gerardo Quisol, Rodante Cortez and Aberdo de Jesus.
Senson said the charge sheet did not include their chief, former police captain Reynaldo Jaylo, pending another preliminary investigation on Nov. 23.
Senson said Jaylo failed to present himself before the DOJ panel during the scheduled Nov. 10 preliminary investigation of his case.
"His lawyer told the panel that Capt. Jaylo, a judo instructor participating in the 23rd Southeast Asian Games to be hosted by the Philippines, is busy with preparations for the competition. He assured me that Capt. Jaylo will appear on Nov. 23 and he will submit his counter-affidavit" Senson said.
He said that last Nov. 3, the Special Action Unit (SAU) of the National Bureau of Investigation (NBI) received a directive from Director Reynaldo Wycoco to conduct an ocular inspection of the AIR-TF office at the Rizal Memorial Sports Complex in Malate, Manila "in order to investigate the alleged inhuman conditions of detainees, to act promptly to protect their welfare and, if appropriate, have the detainees immediately transferred to the NBI or other local jails."
The next day, members of the NBI’s Special Action Unit "rescued" eight detainees.
"The investigating inquest prosecutor is convinced that the respondents are liable for violation of usurpation of authority or official function, serious illegal detention because respondents are private persons, they cannot act as jailers of the said detainees. They are not persons in authority or public officers. With respect to Capt. Jaylo and several other John and Jane Does, who were not arrested, they will be subjected to a regular preliminary investigation," Senson said.