MANILA, Philippines — The Philippine National Police has filed administrative charges against the police officers involved in the arrest of film director Jade Castro and his three friends.
This was revealed by Michel Marpuri, one of Castro’s lawyers, in a press conference on Tuesday, a day after the film director and his friends were released from the Catanauan Bureau of Jail Management and Penology facility.
RELATED: Jade Castro, 3 others freed after court finds arrest 'invalid'
“I just got a phone call from the PNP Regional Internal Affairs Service, that they filed motu proprio administrative cases against the chief of police, the investigators and the arresting officers for unlawful arrest,” he said.
However, they expect the Calabarzon police to file a motion for reconsideration to assail the resolution that freed Castro and his friends.
“Even the decision of the judge said na hindi niya binabalewala 'yung imbestigasyon ng police,” Peña said.
(Even the judge's decision stated that he is not disregarding the police investigation.)
When asked if they will file counter-charges, Marpuri said that they are still deciding on the matter.
On February 16, prosecutors recommended filing arson charges against Castro and his companions, alleging their involvement in the January 31 incident of setting fire to a modern jeepney in Catanauan.
The film director and his friends were arrested on February 1 without an arrest warrant after alleged witnesses of the incident identified them.
However, on February 6, a report by ABS-CBN news showed CCTV footage that Castro and his companions were in the town of Mulanay when the burning incident happened.
Philstar.com has reached out to the Catanauan police for a comment on this matter, but they have yet to give a response.
Systemic flaws
One of Castro’s legal counsels, Free Legal Assistance Group (FLAG) Chairman Chel Diokno said that the case of the director and his friends revealed systemic flaws of law enforcement due to their reliance on eyewitness testimonies.
The FLAG chief compared the legal process in other countries which he said is evidence-based.
“Yung problema sa atin, 'yung ating PNP, yung ginagamit nilang batayan ay ang tinatawag na clearance and solution rate. Which only pertains to identifying a suspect and filing a complaint,” Dioko, who is also a law professor, said.
(The problem with us, with our PNP, is that they base their performance on what is called clearance and solution rate. Which only pertains to identifying a suspect and filing a complaint.)
“Hindi sila nangongolekta ng sapat at matibay na ebidensya na panigurado na talagang may basis ang pag-prosecute,” he added.
(They are not collecting sufficient and solid evidence to ensure that the prosecution is well-founded.)
During a House of Representatives probe on February 19, Catanauan police officers admitted that they did not find any physical evidence at the crime scene that would link Castro and three others to the alleged arson incident.
The problem of warrantless arrests
Castro’s lawyers also highlighted the problem of warrantless arrests of individuals as a default option for the police
Diokno explained that warrantless arrests should be an exception for “very limited situations” and not as the first option for law enforcement.
“Alam niyo ang problema kasi sa warrantless arrest, walang case build-up 'yan. Kaya ang purpose talaga niyan let’s say nagpapatrol ang pulis sila mismo ay may nasaksihan na nangyayaring krimen, ay pwede silang manghuli,” Diokno explained.
(The problem with warrantless arrests is that there is no case build-up. So, the real purpose of it is, let's say the police are patrolling and they themselves witness a crime happening, they can arrest.)
“That’s why we have a warrantless arrest mainly. But in practice, ay nagiging subject siya ng maraming pang-aabuso sa marami naming mga kaso,” he added.
(That's why we have warrantless arrests mainly. But in practice, it often becomes susceptible to numerous abuses in many of our cases.)
The Catanuan police argued that the warrantless arrest of Castro and his friends was lawful as it was considered a "hot pursuit."
The Rules of Court stipulate that authorities can arrest an individual without a court-issued arrest warrant if:
- When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
- When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. (hot pursuit)
- When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending or has escaped while being transferred from one confinement to another.
If not met by the mentioned conditions, an arrest can only be lawful when a court issues a warrant of arrest against an individual.
Another lawyer, Carmela Peña, who is one of the lead counsels of Castro and his friends, explained that in a hot pursuit, the police should know the person who will be arrested.
However, the police only arrested the director and his friends after the supposed witnesses to the arson incident identified them as the perpetrators.
In granting the motion to quash filed by Castro’s camp, the Catanauan Regional Trial Court Branch 96 said that the personal knowledge of the police officers on the incident was not justified and the witnesses lacked sufficient information regarding the matter.
RELATED: Warrantless arrest on Jade Castro ‘baseless’ — FLAG chair