PNP drops Failon case; NBI takes over probe

MANILA, Philippines - Interior and Local Government Secretary Ronaldo Puno announced yesterday that the investigation into the death last week of the wife of broadcaster Ted Failon would be turned over by the police to the National Bureau of Investigation (NBI).

Puno told a press conference at the Philippine National Police (PNP) headquarters at Camp Crame in Quezon City that the investigation into the death of the Failon’s wife Trinidad Arteche-Etong would now be handled by the NBI.

Puno said the National Police Commission (Napolcom) had decided to transfer the investigation from the Quezon City Police District (QCPD) to the NBI to pave the way for an impartial investigation.

“All the evidence secured by the Quezon City Police District will be turned over to the NBI. The QCPD will function as a support group in the investigation. We are taking this action of endorsing the case to the NBI for the completion of the investigation and the filing of the necessary information and other actions. I have already talked to Justice Secretary Raul Gonzalez regarding this and he has consented to this move,” Puno said.

Trinidad was found with a gunshot wound to her head inside a bathroom of their house on No. 27 General Aquino Street, Tierra Pura Subdivision in Tandang Sora, Quezon City, last April 15.

Failon (Mario Teodoro Failon Etong in real life), a news anchor of ABS-CBN TV Patrol, claimed that his wife committed suicide due to financial problems, but the police were still investigating if there was foul play. Even Trinidad’s relatives believe Failon’s claim, which was confirmed by the house helpers. Trinidad died last Thursday night at the New Era General Hospital, a day after she was rushed there by Failon.

The QCPD had filed charges of obstruction of justice against Failon, his driver Glen Polan, houseboy Pacifico Apacible, nanny Wilfreda Bollester, housemaid Carlita Morbos, and Trinidad’s sister Pamela Arteche.

QCPD investigators said the house helpers cleaned the bathroom where Trinidad was found while the driver cleaned the Mitsubishi Pajero that was used to transport the victim to the hospital. The house helpers claimed that they cleaned the crime scene on their own and not on Failon’s orders.

Investigators said Failon might have obstructed justice when he gave limited details to the authorities and refused to surrender his mobile phone.

QCPD probers suspended

Puno also said six Quezon City police officers were put on preventive suspension for allegedly using excessive force in arresting suspects in connection with the Failon case.

Superintendent Franklin Moises Mabanag, chief of the QCPD-Criminal Investigation and Detection Unit; Superintendent Gerardo Ratuita, Senior Inspector Roberto Razon, Senior Police Officer 3 Jose Fernando, PO2 Andy Salonga, and PO2 Reno Riparip were placed on a 30-day preventive suspension.

The Napolcom would investigate Mabanag and Ratuita, while the PNP Internal Affairs Office had placed Razon, Salonga and Riparip under investigation for alleged violation of police operational procedure and provisions of existing laws.

Puno said the suspension of the six QCPD policemen would “ensure that the investigation will be conducted thoroughly and without pressure from anyone.”

Mabanag denied that there was any irregularity in the charges of obstruction of justice filed against the respondents and the arrest made by the QCPD.

“It is the responsibility of every citizen to help authorities in the solution of the crime,” Mabanag said.

Puno said these actions are being taken to assure the public that the investigation will be fair and conducted in a professional manner.

“From what we’ve seen, there are things that need explanation and these need explanation from the point of view of police operational procedure and provisions of law with respect to the manner of arrest,” said Puno. “Now as to what their liabilities will be, it will be determined in the course of time.”

At the same time, Puno said the PNP would conduct refresher courses for all police inspectors to re-familiarize them with Police Operating Procedures and all aspects of the law pertaining to police investigation.

Puno said this series of moves undertaken by the Napolcom and the PNP are in line with the moral transformation program of the police organization led by PNP chief Director General Jesus Verzosa.

Justice Secretary Raul Gonzalez said Puno requested him to let the NBI investigate the Failon case after the police investigation was “tainted by reason of reaction of certain of groups.”

He lamented how the investigation of police “has been shrouded with issues like police abuse.”

“It (investigation) is no longer concentrating on whether it was suicide or parricide. That is not good for criminal investigation,” he said.

Gonzalez has ordered NBI Director Nestor Mantaring and investigators from the agency’s Special Task

Force led by Arnel Dalumpines to concentrate on angles of suicide or parricide.

“The NBI should just look for the truth and be impartial. They should come out with findings based on the evidence and concentrate on the facts of the case. They should go back to first base up to the situation today,” Gonzalez stressed.

Gonzalez admitted that he believes that the parties in the case who have the means are capable of covering up.

He also lamented the suspension of the QCPD investigators.

“I thought that was not a proper step to take because that will stigmatize the police already,” he saidd.

He also dismissed as a “wild presumption” the allegation that the QCPD operatives involved in the probe on the shooting of Failon’s wife were retaliating for ABS-CBN’s coverage of the shooting of carjackers along EDSA in Quezon City earlier this year.

Mantaring said the NBI would only investigate Trinidad’s death, and would not touch on the investigation of the alleged mishandling by the police of the suspects.

Metro Manila police director Chief Superintendent Roberto Rosales welcomed the turn over of the case to the NBI.

“I welcome the move of Sec. Puno. We would be submitting the results of our investigation to the NBI,” said Rosales when asked to comment on the Interior secretary’s action.

Meanwhile, police sources said the logbook entries at the New Era General Hospital, where Trinidad died, showed that her family allegedly “did not want to immediately inform” the police about the incident.

“Ayaw pang magsalita ang mga kamag-anak tungkol sa mga impormasyon. Ayaw i-inform ang mga pulis (The relatives still refuse to give any information. They refuse to inform the police),” read a portion of a logbook entry at 10:50 a.m. of Apr. 15 at the New Era General Hospital.

A certified true copy of the logbook entry was shown to reporters yesterday by a police source privy to the investigation.

The source said the logbook entry could be used as evidence in the case of obstruction of justice filed against Failon, Trinidad’s sister Pamela and the four house helpers.

Aside from the act of not reporting the incident to the police, the cleaning of the bathroom where Etong was found and the vehicle used to transport her to the hospital were the basis for the filing of the obstruction of justice charges against Failon’s group.

According to the logbook, it was at around 10:50 a.m. when Etong was brought to the hospital.

“Dumating ang pasyente (the patient arrived). Gunshot. Ang bilin ng kamag-anak ng pasyente walang media na papasukin (the patient’s relative said no media should be allowed in),” the logbook entry stated.

It was the logbook entry at 1:50 p.m. that recorded the arrival of a group of print reporters and Failon’s departure from the hospital.

“Mga reporters na pumasok sa (came into the) compound ng hospital. Reinir Padua ng Phil. STAR, Melnie Jimena ng People’s Tonight, Nancy Carvajal ng Phil Daily Inquirer, Erika Marie Gallego ng Phil Daily Inquirer. Pajero dark blue with plate number XPE-293 umalis ng (left he) ER (emergency room) sakay si (with passenger) Teodoro Etong (Failon),” the entry stated.

Failon’s daughter bares grievances

Failon’s daughter Kaye described the controversies hounding the death of her mother as a never-ending saga and they have no idea when it will stop.

Kaye said even the cremation of the remains of her mother may be delayed since there are reports that the NBI would need her remains for autopsy.

“They’re making the body of my mom a piece of evidence,” she said.

Kaye expressed thanks to their friends, relatives and officials of the ABS-CBN for their continuing support to the family despite the controversies surrounding the death of her mother.

“Our family is united. We want to bring our mother to her final resting place, we want to go on with our lives,” Kaye said.

Fr. Tito Caluag, who officiated a Mass for Trinidad Etong, urged the victim’s family to seek divine guidance to cope with and make sense of the misery of death and the controversies brought about by the death of Trinidad.

Failon did not attend the Mass. Kaye represented the family and assured the public that they have already accepted the fate of her mother but they are still battling negative reports and allegations, which she said have no basis.

 Officials of ABS-CBN including chairman Gabby Lopez, Maria Ressa, head of the ABS-CBN News and Current Affairs; and Peter Musngi attended the Mass held at the Dolphy Theater inside the network’s compound in Quezon City.

A female lawmaker has filed a resolution in the House of Representatives calling for an investigation of the “barbaric, inhumane and abusive” handling by the QCPD of the tragedy that beset the family of Failon.

The three-page House Resolution 1096 of Akbayan Rep. Risa Hontiveros asked for an “inquiry in aid of legislation” on the family tragedy of the Failons, where the “unfortunate and sad event now becomes an issue of police brutality.” - With Sandy Araneta, Edu Punay, Perseus Echeminada, Non Alquitran, Delon Porcalla, Reinir Padua