The law requires that suspects be released if no charges are filed aganst them within 36 hours of their arrest, Antipolo police chief Senior Superintendent Jose Dayco explained.
Dayco said when police went to the Antipolo prosecutor’s office yesterday to file the charges, they found the place empty because of the holiday.
"I was told that nobody reported for duty so I have to wait until Monday to file the case against the suspects," Dayco said. Government offices will resume business on Monday.
"Is that proper? Just because it’s a holiday you cannot file a court case? That’s like telling the police not to make arrests on holidays because the suspects would be released eventually," he said.
Dayco said he was considering filing the charges before the Pasig City prosecutor’s office or before the Department of Justice because of a similar incident involving the Antipolo prosecutor’s office.
A few months ago, Antipolo police were forced to release 14 men detained for possessing illegal drugs because they were not able to file charges within the prescribed 36-hour period.
Dayco said his men went to the prosecutor’s office in the morning to file the charges but were asked to return in the afternoon. But when the lawmen came back, the prescribed period had lapsed by then and they were told by the prosecutor’s office to release the suspects.
The suspects were nabbed in operations that lasted from Wednesday evening and Thursday morning.
Lito Abarico, 43; Francisco Aregue, 26; Luisito Caindoy, 31; Samuel Guiba, 40; Aurelio Omega, 31; Eric Peñalosa, 24; Noel Pinioso, 30; Renato Rasonado, 23; Joselito Rose, 39; and Rolando Velasco, 36 – all from Antipolo – are facing charges of robbery with homicide, car theft and illegal possession of firearms.