Invalid arrest saves 2 women from charges

CEBU, Philippines - Due to an invalid arrest, the Cebu Provincial Prosecutor’s Office has cleared two women, accused of supervising minor girls as entertainers of a KTV bar.

The prosecutor has found that the arrest of the respondents was not made in accordance with the provisions of Section 5, Rule 113 of the Revised Rules on Criminal Procedure on warrantless arrest.

“Without going over the merits of the case, it is respectfully submitted that the instant complaints be dismissed,” the joint-resolution reads.

On September 3, 2013, the authorities filed criminal complaints for Child Abuse and Expanded Anti-Trafficking in Persons Act against Linda Paulin and Rosario Cañete.

In their complaint, the authorities said on August 31, 2013 at around 2:00 a.m. they conducted a buy-bust operation against Ivan Lucero at Rosal Videoke Bar at Barangay Pajo Daanbantayan, Cebu that led to the latter’s arrest and his companions, Zosimo Olivar and Gaze Canales.

The three were charged before the court for a violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

In the bar, the authorities said they saw two girls, who were acting as entertainers.

After the buy-bust operation, the authorities said they interviewed two female entertainers at the bar who turned out to be minors.

Thereafter, they said the minors confided to them that there were other minors who act as entertainers in Sea Shore Videoke Bar owned by Paulin and Horse Shoe Videoke Bar owned by Cañete, both located at Barangay Punta, San Remegio, Cebu.

The police said they proceeded to the aforementioned bar and were able to arrest respondents and rescued three other minor girls. The respondents were arrested at around 4:00 a.m. on August 31.

In their counter-affidavit, respondents through lawyer Wendell Quiban, questioned the arrest.

Quiban told The Freeman that his clients were arrested while sleeping.

“They were not arrested in flagrante delicto or caught in the act. Thus, their arrest was invalid,” he pointed.

Based on their accounts, the victims said they worked at the bar at around 6:00 p.m. to 11:30 p.m.; 7:00 p.m. to 2:00 a.m. and 24 hours.

However, Abarca said it was quite impossible to work for 24 hours without day off because the owner and personnel for the store needs some rests.

“Hence, based on the affidavits itself of the minors, there is reasonable ground to believe the contentions of the respondents that at around 4:00 a.m. on August 31, 2013, they were not committing any crime but were quietly sleeping then since their stores were already closed at that time,” the joint-resolution reads. — (FREEMAN)