Bañas orders probe into arrest of retired teacher mistaken for wanted NPA leader

DUMAGUETE CITY, Philippines — Chief Superintendent Prudencio Tom Bañas, director of the Police Regional Office-Region 7, on Thursday ordered a full investigation on the supposed arrest of a 70-year-old retired teacher, who the police mistook as Father Frank Fernandez, the elusive priest-turned-rebel leader of the New People's Army in Negros.

Bañas also directed Senior Supt. Mariano Natu-el, Jr., OIC director of the Negros Oriental Provincial Police Office, to submit immediately a special formal report on the incident.

Senior Supt. Rey Lyndon Lawas, regional chief of the PRO-7 Regional Investigation and Detective Management Division, said Bañas's directive came even as Natuel said the NOrPPO is apologizing for the "honest mistake" in the arrest of Constantino Saga in Sibulan town last Friday.

The order comes even as Sr. Supt. Natu-el said the Negros Oriental PNP Office (NOPPO) is apologizing for an "honest mistake" in the supposed arrest of Constantino Saga last Friday.

Saga of Tanjay City was brought to the NOrPPO headquarters in Agan-an, Sibulan where he was subjected to questioning by several police personnel, including Natu-el himself. The retiree was released about four hours later after the police had ascertained that he was not the wanted rebel-priest they were looking for.

The snafu appeared to have been kept under wraps but was brought to light on Wednesday when Saga sought for the assistance of the Commission on Human Rights-Negros Oriental.

Saga and his wife, Necita, also a retired teacher, were on board a bus from Dumaguete City to Tanjay City last Friday when a police car flagged down the bus. In the succeeding events, armed policemen reportedly asked the couple to come with them to the NOrPPO headquarters "for questioning", said CHR investigator Jess Cañete.

It turned out later that Saga was a victim of mistaken identity as police claimed he had very close features similar to that of Father Frank Fernandez, a rebel-priest tagged as one of the highest ranking NPA leaders in Negros Island, with a bounty of more than P5-million for his capture.

Natu-el said it was a failure of intelligence that led to the incident but he declined to name the people behind the bungled operation, which earned public criticism as well as an independent investigation by the CHR.

Natu-el said he has summoned the police personnel, specifically those from the Provincial Public Safety Company, who had carried out what they described was not an arrest but an "invitation for questioning."

Natu-el also confirmed reports that National Bureau of Investigation operatives in Dumaguete had also gone to the NOrPPO headquarters to speak with Saga. He declined to say any further how the investigation came out but he assured the public his office was doing its best to be able to submit the special report to the PRO-7 and the CHR-Negros Oriental at the earliest time possible.

Cañete on Wednesday slammed the police for their "lapses" and promised that he will get to the bottom of the incident. Early investigation showed some law enforcers could be held liable for unlawful arrest and arbitrary detention, as well as other possible violations, he said.

Natu-el, however, clarified to The Freeman, in a phone interview Thursday, that NOrPPO policemen were only "assisting" the PRO-7 Directorate for Integrated Police Operations-Visayas, who he said had personnel present at the time Saga was invited over for questioning.

This early, Natu-el said he believed there were no violations on the part of the policemen from the time of the invitation and throughout the custodial investigation of Saga and until his eventual release. The manner of questioning Saga was also within the bounds of the law, said Natu-el, even as he welcomed the filing of administrative and criminal complaints against the police. — Judy Flores Partlow

Lawas added that Bañas also directed him to make sure the NOrPPO will be able to submit a formal report on the incident immediately.

In a related development, the relatives of Saga have sought explanation from the police on the matter, via a letter addressed to Bañas with copies furnished to President Benigno Aquino III and PNP Chief, Director General Alan Purisima. (FREEMAN)