In her three-page resolution, Assistant City Prosecutor III Flordeliza Silao said that when AID-SOTF raiders pounced on the policemen, "there was no overt act being performed by them which is sufficient to cause probable cause that would justify their warrantless arrest."
Silao ordered the imperative release of SPO3 Rodel Castalone, PO1 Salvador del Mundo and PO1 Jefferson Gonzales on Friday night.
But Silao pointed out that AID-SOTF can submit the cases against the three policemen to a regular preliminary investigation.
Castalone, Del Mundo and Gonzales were arrested by an AID-SOTF team headed by Superintendent Blackjack Aguilar during an entrapment operation inside the Mandaluyong City police station.
AID-SOTF claimed that the three policemen were demanding P150,000 from Alicia Lloret, whose son Jericho, was arrested for drug pushing. The money was reportedly either for the dropping of the charges or the downgrading of the case against Jericho.
Aguilar filed robbery, extortion and possession of illegal drugs charges against the three policemen last Thursday.
However, during inquest proceedings, arresting officer SPO1 Faustino Jimenez confirmed that the entire entrapment money was recovered not from the three cops but from errand boy, Dennis Sullano, who claimed that policemen ordered him to receive the P20,000 from Lloret.
She also noted that at the time of the policemen’s arrests, Del Mundo was seated in front a computer preparing a report, Castalone was seated in his desk talking to a lady, while Gonzales was eating fishball.
Another AID-SOTF member, SPO1 Louel Beda Mora, manifested that they did not arrest Del Mundo but rather invited him for questioning regarding Lloret’s complaint.
The AID-SOTF raiders admitted that the arrest of the three policemen was only based on the statements given by Lloret and a witness identified as Grace Milarion.
Sullano and the three policemen were brought back to the AID-SOTF headquarters after inquest proceedings last Thursday.
They were released the next day after Silao forwarded a copy of her resolution to Aguilar, who failed to return the call of The Star yesterday for his comment on the prosecutor’s decision.
Meanwhile, Superintendent Ericson Velasquez, Mandaluyong City police chief welcomed Silao’s decision, saying it proved all along that the AID-SOTF operation was not within the confines of the law.
"We are presently weighing our options as to our next step in our effort to bring justice to my men," said Velasquez.