5 cops face raps for arrests in Failon suicide

MANILA, Philippines - A former Quezon City Police District (QCPD) official and four policemen have been charged for not informing Ted Failon’s sister-in-law and several others of their rights when they were arrested after the broadcaster’s wife killed herself in 2009.

The Office of the Ombudsman found probable cause to indict the five policemen in court based on the complaints of Failon (Mario Teodoro Etong in real life); his sister-in-law, Pamela Arteche-Trinchera; and helpers Pacifico Apacible, Carlota Morbos, Wilfredo Bolicer and Glen Polan.

However, Graft Investigation and Prosecution Officer Kathryn Rose Baliatan dismissed the perjury and grave coercion raps against the policemen for lack of sufficient evidence.

Senior Superintendent Franklin Moises Mabanag, former chief of the QCPD’s Criminal Investigation and Detection Unit, was charged with five counts of violation of Republic Act 7438 – a law that defines the rights of those arrested, detained or being investigated – before Judge Marie Christine Jacob of Quezon City Regional Trial Court Branch 100.

Also charged were Senior Superintendent Gerardo Ratuita, Chief Inspectors Cherry Lou Donato and Enrico Figueroa and Senior Inspector Roberto Razon.

The Office of the Ombudsman also recommended the filing of five counts of arbitrary detention before the Quezon City Metropolitan Trial Court.

Baliatan also junked the cases filed against retired Chief Superintendent Roberto Rosales, then Metro Manila police head; retired QCPD director Chief Superintendent Elmo San Diego; legal officer Senior Inspector Jay Borromeo; Inspector Erlinda Garcia and PO2 Joycelyn Marcelo.

“A careful perusal of the records showed that at the time of complainants’ warrantless arrest, it was not established that complainants have committed, are actually committing or are attempting to commit a violation of Presidential Decree 1829 (obstruction of justice) in the presence of the arresting officers,” the resolution stated.

The Office of the Ombudsman also gave weight to the declarations of the complainants that they were not informed of their constitutional rights when the policemen arrested them on April 16, 2009.

The helpers and Failon were arrested when they refused to give details of the alleged suicide to the police. Trinchera was later arrested at the New Era Hospital.

The police claimed that the complainants failed to report the shooting to the police and even cleaned up the room where the suicide happened. Mabanag and his group said the complainants were never denied their right to have lawyers of their own choice. Mabanag now holds a different post in the Philippine National Police.

The policemen added that the complainants failed to present evidence to overturn the presumption of regularity in the performance of their official duty when they made the arrest. Baliatan recommended P20,000 bail for each of the policemen.