CEBU, Philippines - At least six members of the Bantay Dagat volunteer group in Bantayan Island who were indicted by the Cebu Provincial Prosecutor’s Office for slight illegal detention are seeking for reconsideration.
Titing Rubio, Danilo Rosales, Junior Micarsos Jr., Onel Anesiagon Sr., Oscar Conje, and Bobby Monterde were assisted yesterday by lawyer Mary Joan Dulhao in filing their motion for reconsideration.
The respondents were among the 12 members of the Guardians of the Sea led by former Capitol security consultant Loy Anthony Madrigal indicted by assistant provincial prosecutor Ferdinand Collantes on November 15, 2015 for slight illegal detention.
The case stemmed from the complaint filed by boat captain Donato Villaceran who was arrested last year by the group of Madrigal for alleged illegal fishing in Kinatarcan Island, Santa Fe, Cebu.
Villaceran alleged that they were heading to Kaongkod, Madridejos when Madrigal and his men intercepted them. He asked Madrigal why they were intercepted but the latter allegedly told him not to complain and introduced himself as Capitol employee.
Villaceran said Madrigal also ordered his men to intercept the boat of Rogelio Forrosuelo which then heading to Hagnaya in San Remigio.
Villaceran, Forrosuelo and their crew members were forcibly brought to Barangay Bitoon, Kinatarcan. It was later that day they were released by Madrigal.
Rubio, Rosales, Micarsos, Anesiagon, Conje, and Monterde said there was no illegal detention to speak of considering that it was a seaborne operation.
“Indeed the operation occurred at roughly around 11:50 a.m. and complainants finally arrived at the Santa Fe police station at around 6 p.m. However, in the six hours in between, complainants cannot be considered to have been detained as the period from 11:50 am to 6 p.m. is a justifiable period for a seaborne arrest and transport to the Santa Fe police station,” reads the motion for reconsideration.
According to the respondents, the evidence presented by the complainant is insufficient to warrant a finding of probable cause. — (FREEMAN)