MANILA, Philippines - National Capital Region Police Office (NCRPO) director Chief Superintendent Roberto Rosales ordered yesterday the relief of four Quezon City policemen involved in the scuffle at the New Era Hospital Thursday night where ABS-CBN anchor Ted Failon’s in-laws were arrested.
Rosales said the four policemen who arrested Failon’s brother-in-law Maximo and sister-in-law Pamela Arteche had been relieved and taken off the investigation of the case.
Quezon City Police District (QCPD) chief Senior Superintendent Elmo San Diego said those relieved were Senior Inspector Roberto Razon, Senior Police Officer 3 (SPO3) Jose Fernando, PO2 Andy Salonga, and PO2 Reno Riparip.
Rosales also belied earlier reports that Superintendent Franklin Moises Mabanag, chief of the QCPD-Criminal Investigation and Detection Unit, was also relieved and taken off the case.
Rosales said they would request an official copy of the footage from ABS-CBN to aid them in the investigation by the NCRPO.
“We want to know their liability in the incident and charge them if the evidence warrants,” he said,
Philippine National Police (PNP) chief Director General Jesus Verzosa, on the other hand, ordered a fact-finding investigation into the incident.
Verzosa noted the allegations that the QCPD policemen used “excessive force” in arresting the Arteche siblings.
He said the investigation would determine whether the policemen concerned acted in accordance with policy and procedures, and if their actions were justified.
“We are treading a thin line between doing our jobs properly and committing procedural mistakes along the way due to over-zealousness in accomplishing the job,” Verzosa said.
Police had the Arteche siblings arrested late Thursday for allegedly preventing the investigators from going into the hospital ward where Failon’s wife Trinidad was confined.
Mabanag said they went to the hospital to have Trinidad tested for gunpowder residue but Pamela refused.
Police said Maximo “went hysterical and assaulted the police when we were trying to effect the arrest.”
Police later released the siblings as investigators said they are no longer interested in charging them.
Vimar Barcellano, chief of the QCPD’s legal unit, said the scuffle could have been prevented if the Arteches allowed the policemen to do their job.
“Had they been cooperative from the very beginning, this would not have happened,” he said.
“We have a strong feeling they are hiding something that’s why they don’t want to speak up,” Barcellano added.
Barcellano also criticized Pamela for refusing to talk with the police while agreeing to be interviewed over ABS-CBN.
“Why (talk) only now and why in the media and not to police investigators,” he pointed out.
Malacañang reminded the PNP to exercise professionalism in their investigation into the incident.
Press Secretary Cerge Remonde also extended his condolences to Failon’s family.
“Most of us have lost loved ones at one time or another, and so we can feel his (Failon) pain and understand his need to comfort and be comforted by his family and others who share their loss,” Remonde said.
“It is never easy to lose a loved one, but it becomes even more difficult when attended by controversy and publicity. This is a moment when Ted and his family are entitled to grieve in private,” he said.
Remonde appealed to the public to respect the right of privacy of Failon’s family.
“Let us refrain from adding to their suffering,” Remonde said.
‘Overzealous’
Lawmakers, however, criticized the QCPD for what they called “overkill” in the investigation.
Senators Francisco Pangilinan, Francis Escudero, Manuel Roxas II and Loren Legarda said the police mishandled the investigation by citing the brutality and harassment committed in questioning Failon and his household.
Pangilinan, a lawyer by profession, said the police were reckless in conducting the investigation.
“Even now, as the family is grieving, the police seemingly are bullying into their custody family members and household staff. Do they intend to coerce answers from these people? Is this how our law enforcers deal with cases? This is condemnable,” he said.
Pangilinan said the arrest was illegal since it does not fall under the warrantless arrest enumerated in Section 5, Rule 113 of the Revised Rules of Criminal Procedure.
“The alleged crime committed by the relatives is not considered as continuing crimes to allow warrantless arrest. The arrests made are without basis and are patently illegal,” he said.
Congressmen led by Pangasinan Rep. Jose de Venecia Jr. urged a review of the procedure on arrests without warrants, as what the police did with Failon’s household and family members, and police custodial investigations.
De Venecia said that in the case of Failon’s household and family members, they were not in the act of committing a crime or were they being pursued after the commission of a crime.
Cavite Rep. Joseph Abaya said there was no legal basis for arresting Trinidad’s siblings Maximo and Pamela Arteche who were just at the hospital attending to their sister.
“I couldn’t understand why (they were arrested). Unless they are suspects, but even suspects, it requires warrants before arrests are made unless caught in flagrante delicto. The police should show their professionalism and impartiality despite Failon’s often critical views on government,” Abaya said.
Quezon Rep. Lorenzo Tañada, chairman of the House committee on human rights, shared the same view.
He said the arresting lawmen were “overzealous” in performing their job.
“The police should have realized that the people they arrested were not going to run from the law. All the police should have done was just to follow the family wherever they went,” Tañada said.
Bayan Muna Rep. Teodoro Casiño, for his part, could not let the obvious police brutality pass.
“The police action was the height of incompetence, callousness and arrogance. There was no urgency for the arrests. They were not even suspects,” he said.
Senator Roxas said the maltreatment of the Arteche siblings and Failon’s household helpers by the police would cast doubt on the reliability of the police investigation into the case.
“Everyone knows how Ted criticizes this government, how much he abhors corrupt police officers. So now people suspect authorities are just getting back at Ted, that would explain the rough treatment,” Roxas said.
He said the police must review their procedures and train their officers and men in the proper handling of suspects to ensure that rights are always protected.
Sen. Aquilino Pimentel Jr. for his part, called on the Commission on Human Rights (CHR) and the Public Attorneys Office (PAO) to allow the QCPD to continue its investigation of the case.
Pimentel particularly noted the statements made by CHR chair Leila de Lima condemning the police. Pimentel said the police are doing their job to resolve the case.
He said the investigation of Failon, his in-laws and household formed part of the criminal investigation.
Pimentel also noted the presence of PAO chief Persida Acosta in every aspect of the police investigation.
Acosta claimed she is representing the household helpers of Failon who were among those invited for questioning.
“The case is a police matter so let’s leave it to the police to resolve without any pressure or influence from certain groups,” he said.
Pimentel said in other countries, once the police declared an area a crime scene, nobody can interfere in their work and if anyone meddles with the case they will be arrested for obstruction of justice.
“That should be the case, the police should assert their authority and if there are lapses then that’s the time CHR and other government agencies may come in to probe the abuses if any.” he pointed out. –With Jess Diaz, Delon Porcalla, Cecille Suerte Felipe, Paolo Romero, Perseus Echeminada, Mike Frialde