CA upholds suspension of 6 cops in Failon arrest

MANILA, Philippines - The Court of Appeals (CA) has upheld a National Police Commission (Napolcom) decision suspending for six months six officers of the Quezon City Police District (QCPD) for mishandling the arrest of Ted Failon’s helpers and relatives in connection with the suicide of the broadcaster’s wife in April 2009.

In a decision dated Sept. 30, the CA’s Special 17th Division ruled that the Napolcom did not err in finding Superintendent Franklin Moises Mabanag, the former chief of the QCPD Criminal Investigation and Detection Unit (CIDU), together with CIDU deputy chief Superintendent Gerardo Ratuita,  Chief Inspectors Cherry Lou Donato and Enrico Figueroa, Senior Inspector Roberto Razon Sr. and Inspector Erlinda Garcia culpable of grave misconduct.

“We consider the police as guardians of the people tasked with the solemn duty of protecting our rights. It is disheartening, if not, alarming, to hear of members of the (Philippine National Police) who oppress and trample upon the people’s revered rights. Along this vein, we resonate the edifying enunciation of the Napolcom,” the CA said.

The Napolcom ordered the relief of Mabanag as chief of the CIDU but cleared Superintendent Marcelino Pedrozo, SPO2 Jerry Abada and PO2 Joycelyn Marcelo for insufficiency of evidence.

Citing “obstruction of justice” as their violation, Mabanag and other CIDU officers arrested Pamela Arteche Trinchera, Failon’s sister-in-law, and four helpers of the Failon household for failing to report that Failon’s wife, Trinidad, was found with a gunshot wound in the head.

The Napolcom said that Mabanag and the five other police officers violated not only existing Police Operational Procedures on carrying out valid arrests, but also the Rules of Court.

The alleged crime of obstruction of justice took place on April 15, 2009, the day of the crime, while the arrests were done the day after, the Napolcom said.

In its decision, the CA said the Napolcom was right when it ruled that Mabanag and his men failed to substantiate their claim that those arrested were properly read their rights as required under the Miranda Doctrine.