Janitor sues guard, execs over arrest

CEBU, Philippines - A janitor has sued four security personnel and officers of a Japanese shipbuilding company in Balamban, Cebu for allegedly arresting and detaining him without a warrant.

In his complaint before provincial prosecutors, Lino Armase, an employee of ANS Construction assigned as janitor at Tsuneishi Industries in Barangay Buanoy, Balamban, Cebu, said he was arrested due to mere “suspicion of a crime.”

Named respondents are security guards of Tsuneishi Heavy Industries Inc. Rolly Millan, Dario Cabonilas, Antonio Ardillo Jr., and Bernie Rojero; security supervisor Joselito Garcia; and Tsuneishi General Manager Shigeru Kamiruji.

Armase filed charges for illegal arrest, serious illegal detention, and for alleged violation of Republic Act 7438 or the act that defines the rights of a person arrested, detained or under custodial investigation.

Armase said the security guards arrested him on qualified theft charges on March 9, 2012, but the arrest was allegedly illegal because the guards did not have a warrant with them.

The qualified theft case was filed later before the Regional Trial Court in Toledo City.

Armase also alleged that the security guards did not mention the offense he allegedly committed, as well as his constitutional rights, during the arrest.

After the arrest, he was allegedly detained at Tsuneishi for five hours before he was turned over to the police station. He alleged that he was not given an opportunity to get a lawyer.

Armase said he included Kamiruji and Garcia in the complaint because the two allegedly authorized his arrest.

Armase is asking P250,000 for moral damages for the “severe emotional distress and mental anguish” that affected his “psychological well-being”. He is also asking for P100,000 for attorney’s fees.

The respondents will be made to answer the complaint through a counter-affidavit.  (FREEMAN)