CA upholds suspension of cops in Failon case

MANILA, Philippines – The Court of Appeals (CA) has affirmed an order by the National Police Commission (Napolcom) suspending six Quezon City police officers for six months last year for making illegal arrests as they investigated the suicide of news anchor Ted Failon’s wife.

The Napolcom found the six police officers to have committed grave misconduct in arresting Failon’s sister-in-law without an arrest warrant.

The CA dismissed a petition by Inspector Erlinda Garcia to void the Napolcom order, dated June 22, 2009, saying she failed to prove her allegations that the Napolcom committed grave abuse of discretion amounting to lack or excess of jurisdiction in ordering their suspension and relief.

The CA said the six police officers violated police operational procedures and the Rules of Court when they arrested Pamela Arteche-Trinchera without an arrest warrant.

The CA said Trinchera’s constitutional right against unreasonable searches and seizures was violated.

“There was also a violation of the constitutional right of a person under custodial investigation with the failure of the arresting officers, including petitioner Garcia, to read the Miranda rights of… Trinchera,” the CA said.

Associate Justice Ramon Garcia penned the decision. Associate Justices Rosmari Carandang and Manuel Barrios concurred.

The other suspended police officers were Superintendents Franklin Moises Mabanag and Gerardo Batuita, Chief Inspectors Cherry Lou Donato and Enrico Figueroa, and Inspector Roberto Razon Sr.

Records show that on April 15, 2009, at around 10 a.m., Failon, Trinchera and driver Glen Polan rushed the broadcaster’s wife, Trinidad, to New Era General Hospital on board a Mitsubishi Pajero after she shot herself in the head.

In the course of the investigation, police learned that Failon’s househelpers – Pacifico Apacible and Wilfreda Bollicer – cleaned the bathroom where Trinidad was found while Polan cleaned the Mitsubishi Pajero.

On April 16, 2009, the police officers went to Failon’s house in Tierra Purra, Tandang Sora, Quezon City to conduct a follow-up investigation and to arrest Failon and his household helpers for allegedly suspicious and contradictory statements in relation to the shooting.

At around noon of the same day, the police officers arrested Failon’s driver and household helpers, while his sister-in-law was arrested at the New Era General Hospital. They were charged with obstruction of justice under Presidential Decree 1829.