By CHR, PNP after Rama’s request: CCPO chief faces probe

CEBU, Philippines — The Commission on Human Rights (CHR) and the Philippine National Police (PNP) are each launching an investigation on Cebu City Police Office (CCPO) Director Antonietto Can?ete and CCPO Police Station 3 Commander John Lynberth Castigador Yango,among others, on the arrest of former Cebu City administrator  Collin N.Rosell at the Cebu City Hall last Nov. 8.

This is in response to the request of Mayor Michael Rama’s camp to investigate Can?ete and Yango made last week.

CHR Executive Director Jacqueline Ann De Guia formally acknowledged Rama's request for investigation of Rama’s legal counsel, Atty.Luiz Vera Cruz, Jr.

“We wish to inform you that we have endorsed the said concern to our CHR Regional Office VII, for their immediate and appropriate action,” she said.

De Guia also directed CHR-7  to apprise Cruz for any updates in its investigation.

The Internal Affairs Service of the national PNP, on the other hand,  also duly acknowledged Rama’s camp’s request for investigation on the complaint against Can?ete, among others, for Grave Misconduct and Gross Neglect of Duty in line with the arrest of Rosell “without valid reason”.

“Accordingly, the said police officers have completely eroded the public's trust in the police force, whose mandate to serve and protect was used capriciously and violently,” read part of the reply from P/Col.Joseph Elmer Bullong, officer-in-charge of the PNP IAS’ Intellegence and Investigation Division.

The letter of request from Rama’s camp had been referred to the Regional Internal Affairs Service (RIAS)- 7.

Bullong explained that PNP’s RIAS-7 “has jurisdiction over the said complaint for investigation and file appropriate charge/s against them, if evidence warrants”.

P/Lt. Col Napoleon Cruz, chief of the Investigation Section, is also expected to coordinate with Rama’s camp in line with its request for investigation.

“Rest assured of our continuing support on matters of mutual concern,” Bullong further said in his one-page reply.

The letter-request sent to the PNP, a copy of which was obtained by The Freeman, stated that the period of preventive suspension imposed upon Rama, Rosell and other employees of the Cebu City Government had already lapsed last November 6, 2024.

The preventive suspension was imposed by the Office of the Ombudsman last  May 2, 2024 and implemented on May 10, 2024 by the DILG.

“Following the lapse thereof, Atty. Rosell returned to the Cebu City Hall on 8 November 2024 to physically report to work and resume his duties as City Administrator. Since the City Administrator's Office was locked, apparently upon orders by Atty. Kristine Joyce F. Batucan, Atty. Rosell decided to occupy a space in the Office of the City Mayor,” read part of the  letter.

Batucan is the current Cebu City administrator.

The request also mentioned that Mayor Raymond Alvin N. Garcia conducted a  press conference with P/Col. Can?ete also on Nov. 8 with the mayor ordering Can?ete that the police observe "maximum tolerance" over what is allegedly an unauthorized entry by Rosell.

“ However, at around 6:00 P.M. that day, P/Col. Canete, together with five or six other officers of the Cebu City Police Office, stormed the Cebu City Hall and barged inside the office where Atty. Rosell was working. Apparently, P/Col. Canete and the accompanying police officers were there to arrest Atty. Rosell, following an alleged complaint from Atty. Kristine Joyce F. Batucan and an alleged police blotter from Atty. Santiago L. Ortiz, Jr., who questionably poise themselves as City Administrator and City Legal Officer, respectively, that Atty. Rosell is purportedly usurping the functions of Cebu City Administrator,” read the letter.

The camp of mayor Rama claimed Rosell “was merely sitting down and working on his laptop” when arrested.

“Clearly, there is no overt act that would have prompted P/Col. Canete to arrest Atty. Rosell on a reasonable suspicion that the latter would commit, is committing, or has just committed any offense…Atty. Rosell then asked P/Col. Can?ete as to what they were trying to arrest him, but P/Col. Canete shouted at Atty. Rosell and forced him to obey. Videos circulating on social media would show that P/Col. Canete threatened Atty. Rosell to come with him, saying, "Kuyog na lang lagi!" (Trans. "Just go with us!")”.

Rosell then asked for an explanation as to why he would be detained, but “P/Col. Canete immediately grabbed a fellow officer's steel handcuffs and, there and then, forcibly grabbed Atty. Rosell's hands to cuff him” together with six other police officers.

Rosell claimed he, “visibly helpless and unarmed”, was physically manhandled and subdued and was forcibly dragged out of the chair where he was sitting.

“ The police officers further twisted Atty. Rosell's arms and forced the wearing of the steel handcuffs on him, even if the same was not necessary considering that Atty. Rosell no longer showed any signs of resistance at the time.. It can even be seen on video that Atty. Rosell shouted in pain over what the police officers did to him. Atty. Rosell was further subjected to undue humiliation when he was dragged out of the premises of the Cebu City Hall,” Rama’s camp said.

Rosell was hancuffed after he issued a memorandum in his capacity as city administrator. He is now facing a usurpation of authority complaint.

Following his arrest, Rosell was detained at Cebu City Police Station 3 while his lawyers processed his bail application in the hopes of filing the same with a designated night court.

Mayor Rama’s camp insisted that “under established procedure of the Philippine National Police, P/Col. Canete, as the arresting officer, is supposed to be the complainant for purposes of initiating inquest proceedings against Atty. Rosell, but  P/Maj. Yango of Police Station 3 accordingly said they were instructed by P/Col. Canete to stand instead as complainants”.

Yango, it claimed, allegedly refused so that one of the arresting officers ended up the one filing the complaint against Rosell.

“P/Maj. Yango further gave information that, allegedly, there will be a forthcoming complainant but it is unclear who that person will be. However, as the hour passed, there was no complainant who came forward. When prodded, the police officers from the Cebu City Police Office or the Police Station 3 refused to file any complaint against Atty. Rosell for inquest purposes,” Rama’s camp said.

At 11:45PM of the same day of the arrest, P/Maj. Yango accordingly made a police blotter entry that stated, "This is to put on the record that on this time and date no criminal case filed yet to the office of the Cebu City Prosecutor against Atty. Collin Natividad Rosell for the above-stated case."

With Rosell's bail application “unjustifiably delayed”, because the certificate of inquest required for bail application purposes cannot be issued by the Prosecutor's Office because there was no complaint filed by the arresting officers, Rama’s camp said this shows “high transgressions to PNP procedures”.

“Law enforcers are never allowed to resort to wanton violence when their duty could be performed otherwise. The public peace is never predicated on the cost of human liberties,” it said.

“The police officers in question should be charged with grave misconduct and/or gross neglect of duties, in their performance of duty as armed and uniformed police officers and be placed under preventive suspension while investigation is ongoing” it added.

Rosell managed to post bail at noon the next day, Nov. 9.

He also then filed a complaint before the Office of the Ombudsman against Can?ete and Mayor Raymond Garcia, among others, allegedly for unlawful arrest. — (FREEMAN)