Man mistaken for terrorist sues PNP for P470-M damages

MANILA, Philippines - A man who was wrongfully arrested on suspicion of being an Abu Sayyaf terrorist sued the Philippine National Police (PNP) yesterday and is seeking at least P470 million in damages.

In filing a civil complaint before the Quezon City regional trial court, lawyer Felisberto Verano Jr. said his client, Allan Almoite, is “just making a point that the police should be very careful in filing cases and arresting people.”

PNP spokesman Chief Superintendent Agrimero Cruz Jr. said the case of Almoite, alias Alih Bin Nasser, is a “test case” for the Republic Act 9372 or the Human Security Act of 2007.

Almoite was arrested in 2006 in Valenzuela for allegedly being a member of the terror group. The court, however, cleared him due to absence of evidence linking him to the Abu Sayyaf.

Cruz said the PNP’s legal service will answer the charges, adding that the PNP “maintains the regularity of the operations conducted way back 2006.”

Almoite, a member of Balik Islam, said his imprisonment for three years affected his family. He claimed he was also tortured during his incarceration.

Almoite, with his parents Henry and Felicidad as co-plaintiffs, named as defendants the PNP, Superintendent Roger James Brilliantes, Inspectors Arnulfo Franco and Dante Yang, Police Officer 2 Reynaldo Yap, and Police Officers 3 Peter Paul Pablico and Noel Fabia.

Almoite was arrested in Valenzuela City in 2006 on suspicion that he was a member of the Abu Sayyaf Group. He was charged with violating Presidential Decree 1866, or the law prohibiting the “unlawful possession, manufacture, dealing in, acquisition or disposition, of firearms, ammunition or explosives.”

Almoite sought P470 million in damages for the 940 days he was deprived of liberty. He also asked to be awarded P1 million in moral damages, P1 million in exemplary damages, P10 million in attorneys’ fees, not including the P10,000 appearance fee per hearing and other costs of the lawsuit.

Almoite said the charge against him is covered by RA 9372, also known as the anti-terror law. Under this law, any person accused of terrorism but is later acquitted is entitled to damages of P500,000 for each day he is jailed.

The law states that amount of damages shall be automatically charged against the appropriations of the police agency that filed the charges against the accused.

The acquitted person can also file criminal or administrative charges against those who wrongfully charged him, but Verano said they just opted to file the damage suit to avoid the tedious process of going through a criminal case. - With Cecille Suerte Felipe