HUMAN RIGHTS WATCH
Punks’ Counsels to File Arbitrary Arrest vs. Captors
The lawyers of the 11
punks arrested last February in Buguias, this province while on their way
to Sagada, Mountain Province may file a case of arbitrary detention
against the Philippine National Police (PNP) officers and personnel who
collared them, in addition with the criminal and administrative cases they
filed earlier.
BY ARTHUR L. ALLAD-IW
Northern Dispatch
Posted by Bulatlat
LA TRINIDAD, Benguet
— The lawyers of the 11 punks arrested last February in Buguias, this
province while on their way to Sagada, Mountain Province may file a case
of arbitrary detention against the Philippine National Police (PNP)
officers and personnel who collared them, in addition with the criminal
and administrative cases they filed earlier.
Judge Agapito K.
Laoagan of the Regional Trial Court (RTC) Branch 64 here has ruled as
illegal the warrantless arrest of 10 of the 11 punks who were accused of
being members of the New People’s Army (NPA) and taking part in a raid of
a military detachment in Mankayan town, this province last February.
Nordis
learned from lawyer Pablito Sanidad of the Free Legal Assistance Group
(FLAG) that he and other defense counsels are considering filing cases
against the Citizens Armed Forces Geographical Unit (CAFGU) of Benguet who
“falsely accused” the punks when they (punks) had nothing to do with the
raid.
The 10 punks whose
cases were ordered quashed by Judge Laoagan are Darwin Alagar, Arbie
Nunez, Aldoz Christian Manoza, Neil Russel Balajadia, Jethro Villagracia,
Rondon Pandino, Anderson Alonzo, Jefferson de la Rosa and minors Ray
Lester Mendoza and Frencess Ann Bernal, Sanidad added.
The case of Rundren
Lao, who escaped detention two days after the arrest to tell their
horrible story but was rearrested latter, was not ordered dismissed as
Laoagan argued that his arrest was based on a warrant.
In his nine-page
order, Laoagan supported the defense counsels’ contention that the
warrantless arrest was contrary to law and the Constitution, adding that
in warrantless arrest based on hot pursuit, there must be an immediacy
between the date of the commission of the crime and the arrest.
The court pointed out
that the incident in Mankayan took place on February 10 while the
warrantless arrests were made only four days later. It argued then that
the crime had not “just been committed” as required by law.
Laoagan also pointed
that the said PNP officers and members were not present when the alleged
crime took place and they had no personal knowledge of the crime or that
the accused had actually committed them. They relied only on second hand
knowledge gathered through interviews after the crime was committed and it
is not the kind of personal knowledge also required by law, added Laoagan
in his order.
Sanidad said that the
11 punks were hitchhiking on their way to Sagada, Mountain Province when
they were arrested in a PNP checkpoint at Bangao, Buguias, on February 14
by a team identified as P/Supt. Brent Madjaco, SPO1 Alyson Kalang-ad, PS1
Joseph Paulo Bayongasan, PO1 Jonathan Pucya, PO2 Wendell B. Baglao, and
PO2 James M. Ayan Jr. They were afterwards charged for robbery with
homicide at the Benguet Regional Trial Court Branch 64.
The counsels, aside
from Sanidad, are Reynaldo Cortes, Jose Molintas, Noe Villanueva, Randy
Kinaud, Joris Dacawi and Eric Santos, who filed the motion to quash which
Laoagan granted on May 19.
Laoagan’s order gives
the prosecution 15 days from notice of the order to file new information
against the 10 punks. If the 15 days lapse without the new information,
the 10 punks will have to be released, Sanidad clarified.
Meanwhile, due to
Republic Act No. 9344 known as the Juvenile Justice and Welfare Act of
2006 which exempts minors to criminal liability, the prosecutor’s office
in this province filed a motion to release the two minors among the punks:
Bernal, 15, and Mendoza, 16, at the RTC Branch 64 on May 19.
“We welcome the move
by the prosecution,” added Sanidad. But he shared that Laoagan has yet to
set a hearing to determine the age of their minor clients. Northern
Dispatch / Posted by Bulatlat
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