Man mistaken for terrorist loses P482-M suit vs PNP

MANILA, Philippines -  A man who was mistakenly identified as a member of terrorist group Abu Sayyaf lost his P482-million civil suit against the Philippine National Police (PNP).

In a three-page order released yesterday, Quezon City Regional Trial Court Branch 97 Judge Bernelito Fernandez dismissed the case filed by Allan Almoite against the PNP for “lack of merit and for failure to state a cause of action.”

Fernandez said Almoite could not claim damages for the mistaken arrest as he was not charged with violating Republic Act 9372, or the Human Security Act of 2007.

“Almoite was not accused of terrorism but plainly accused of violating Presidential Degree 1866,” said the order, referring to the decree pertaining to illegal possession of firearms, ammunition or explosives.

Almoite was arrested in 2006 in Valenzuela City for allegedly being an Abu Sayyaf member. He denied the allegations and said he was arrested because his name was similar to a suspected terrorist.

Almoite was detained for 940 days – approximately two and a half years – before a Valenzuela Court dismissed the case against him for insufficient evidence.

Following his release, Almoite filed a civil case, citing a provision in the Human Security Act which states that “any person who is accused of terrorism shall be entitled to the payment of damages in the amount of P500,000 for every day that he or she has been detained or deprived of liberty.”

He sought for a total of P470 million in damages, P1 million in moral damages, P1 million in exemplary damages, and at least P10 million in legal fees.

Aside from the PNP, Almoite also sued Superintendent Roger James Brillantes, Inspector Arnulfo Franco, PO1 Dante Yang, PO2 Reynaldo Yap, PO3 Peter Paul Pablico, and PO3 Noel Fabia.

Franco was earlier excluded as defendant in the case.

Meanwhile, despite the dismissal of the civil case, Ombudsman Conchita Carpio-Morales has ordered the dismissal of Brillantes, Yang, Yap, Pablico, and Fabio. She said there was sufficient evidence to hold respondents liable for grave misconduct.

Almoite is now a peace officer at the Office of the Presidential Adviser on the Peace Process.