Court clears gov't, PNP officials of illegal arrest raps

MANILA, Philippines – Three Cabinet secretaries and six police and military officials were cleared of charges of illegal arrest, arbitrary detention and abuse of authority after a Makati judge declared as lawful the arrest of journalists at the Peninsula Manila hotel in Makati following a  standoff last Nov. 29.

Absolved were Defense Secretary Gilbert Teodoro Jr., Interior Secretary Ronaldo Puno, Justice  Secretary Raul Gonzalez, Philippine National Police chief Director General Avelino Razon Jr., Metro Manila police commander Director Geary Barias, Southern Police District director Chief Superintendent Luizo Ticman, Special Action Force director Chief Superintendent Leocadio Santiago, Senior Superintendent Asher Dolina of Criminal Investigation and Detection Group-National Capital Region, and retired Armed Forces chief Hermogenes Esperon Jr.

In a five-page order last June 20, Judge Reynaldo Laigo of Makati Regional Trial Court branch said it was lawful for police officials to order members of the media to be handcuffed and brought to Camp Bagong Diwa in Taguig for investigation.

The judge said that given the “dangerous situation, that order issued by defendant Barias was lawful” but “appeared to have been disobeyed by all, including some of the plaintiffs.”

“When they refused to leave the hotel premises… criminal charges under Article 151 of the Revised Penal Code… could have been initiated against them, but they were so lucky (that) none had been initiated against them.”

“Thus, their having been handcuffed and brought to Camp Bagong Diwa in Bicutan, Taguig City for investigation and released thereafter was justified, it being in accord with police procedure.”

Laigo said the complaint against the Cabinet members and police and military officials did not constitute sufficient cause for the prosecution of the case.

“To begin with, the rights of the plaintiffs as members of the press as guaranteed under the Constitution were not violated or trampled upon by the respective acts of the defendants complained of,” read the decision.

The plaintiffs have admitted in their complaint that they were specifically ordered to leave the Peninsula as a police assault was forthcoming to arrest Sen. Antonio Trillanes, Brig. Gen. Danilo Lim and their supporters holed up in the hotel, Laigo said.–Cecille Suerte Felipe