Cop cleared of raps after complainant withdraws allegations

CEBU, Philippines – The Office of the Ombudsman dismissed a complaint filed against SPO3 Rey Matillano after the complainant cleared the policeman of any liability.

One of the complainants, Emmanuel Legaspi, admitted to Ombudsman Prosecutor Julius Java that Matillano did not actually threaten him and his brother Ramir when the policeman pulled his gun out during an argument four years ago.

"Matillano did not commit the acts complained of; instead it was only to protect himself from possible attacks from my brother and my friends. It was my fault as I did not inform my family and brother as to the real score of the matter," Legaspi said.

Legaspi's retraction came just after the Ombudsman found probable cause to suspend Matillano for one month and one day for grave threats and alarms and scandal in August 2007.

On June 24, 2009, Matillano filed a motion for reconsideration, saying he did not receive the Ombudsman's order dated November 21, 2006, which directed him to submit his counter-affidavit on the complaint filed by the Lagaspi brothers.

"I did not receive any order or subpoena to execute my counter-affidavit to deny the allegations that they had been thrown against me," Matillano said.

The incident between Matillano and the Legaspi brothers happened in Barangay Pitogo, Consolacion when the policeman went to claim his fighting cock that he left the brothers when he underwent a surgery.

Legaspi reportedly told Matillano that the fighting cock was at Ramir's house, but when they arrived thereat, Legaspi told his brother to inform Matillano that his fighting cock had died.

This reportedly disappointed and insulted Matillano, which resulted to an argument.

However, the policeman pulled out his gun and identified himself as a police officer when Legaspi's friends started to surround him. He then reportedly warned the group not to do anything foolish and went to the barangay captain of Pitogo to report the incident.

During their confrontation at the barangay hall, Legaspi admitted he sold the fighting cock because he needed money. Legaspi also sought forgiveness from Matillano, as the policeman said he only pulled out his gun to protect himself. Matillano even gave Legaspi money to have his fighting cock redeemed.

In his order dismissing the case against Matillano, Java said there was compelling justification to change his first decision. He said Legaspi's clarificatory statement was sufficient to controvert the allegations against the policeman.

"The essence of due process is simply an opportunity to be heard, or as applied in administrative proceedings, a fair and reasonable opportunity to explain one's side," Java said.

Matillano is assigned at the Criminal Investigation and Detection Group (CIDG) at Camp Sotero Cabahug. (FREEMAN)