Cops in Failon arrest case question charges

MANILA, Philippines - Citing lack of probable cause, five policemen charged over the 2009 arrest of Ted Failon’s in-law and helpers have asked the court to drop the arbitrary detention case against them.

The policemen – who, back in 2009, were assigned with the Quezon City Police District’s Criminal Investigation and Detection Unit (CIDU) – sought a judicial determination of probable cause from the court.

Senior Superintendent Franklin Moises Mabanag, then CIDU chief; Senior Superintendent Gerardo Ratuita, former deputy head of the unit; Chief Inspectors Enrico Figueroa and Cherrylou Donato; and Inspector Roberto Razon filed the motion last week before the Quezon City Regional Trial Court.

They are questioning the five counts of arbitrary detention and five counts of violating Section 2(b) of Republic Act 7438 on defining certain rights of persons arrested, detained or under custodial investigation. The offenses are bailable at P20,000 for each count.

The five police officials said they neither committed arbitrary detention nor failed to read the Miranda rights to Failon’s helpers.

The Office of the Ombudsman earlier charged them based on the complaints of Failon (Mario Teodoro Etong in real life), his sister-in-law Pamela Arteche-Trinchera, househelp Pacifico Apacible, Carlota Morbos, Wilfredo Bolicer and Glen Polan.

Failon and the others were arrested in April 2009 for obstruction of justice shortly after Failon’s wife, Trina Etong, was found with a gunshot wound to her head inside the family residence in Tierra Pura Subdivision. The incident was later deemed to be a suicide.

Through their lawyer, QCPD legal counsel Senior Inspector Jay Borromeo, the police officials said Failon’s helpers and in-law were subjected to inquest proceedings after their arrest.

They cited that assistant city prosecutor Mary Jean Pamittan had found that the circumstances were proper for inquest and that the five helpers and Trinchera even sought a regular preliminary investigation. They said Failon’s helpers were even assisted by more than five lawyers.

Regarding the claim that they failed to read the helpers their rights, the policemen claimed that the helpers’ lawyers heard Mabanag read Morbos the Miranda rights in English.