CA junks raps vs 10 cops in Failon arrest

MANILA, Philippines - The Court of Appeals (CA) has affirmed the dismissal of administrative charges filed by ABS-CBN broadcaster Ted Failon against 10 police officers who arrested his relative and house helpers immediately after his wife committed suicide in April 2009.

In a Feb. 8 decision released yesterday, the CA’s Fourth Division dismissed the petition of Failon, whose real name is Mario Teodoro Etong, against officials and operatives of the Quezon City Police District who respondent during the incident.

It upheld the June 7, 2011 decision of the Office of the Ombudsman, which dismissed the complaint against then Chief Superintendents Roberto Rosales and Elmo San Diego; Superintendents Franklin Moises Mabanag and Gerardo Ratuita; Chief Inspectors Enrico Figueroa, Cherry Lou Balanay Donato and Roberto Razon; Senior Inspector Jay Borromeo; Inspector Erlinda Garcia and Police Officer 2 Joycelyn Marcelo.

The complaint filed by Failon, his sister-in-law Pamela Arteche-Trinchera and house helpers Pacifico Arteche Apacible, Glen Polan, Carlota Morbos and Wilfreda Bollicer was for alleged neglect of duty by command responsibility. The offense is under Executive Order 226, which institutionalized the doctrine of command responsibility in all government offices.

The CA, in a ruling penned by Associate Justice Amelita Tolentino, agreed with the ombudsman’s finding that an official of any law enforcement agency can be held liable for the offense only when the official has knowledge that the crime shall be committed, is being committed or has been committed by his subordinates.

In the case of the petitioners, the appellate court noted that when the warrantless arrest took place, the police officials did not do anything to prevent or suppress it.

The legality of the warrantless arrest, however, has yet to be settled.

The CA cleared the police officers since “there is no showing from the records of this case that the subordinates of the respondents committed negligent acts” because the “issue on legality of the warrantless arrest is not yet settled and established with finality.”

The CA noted that the legality of the warrantless arrest was raised in a separate administrative case filed by Failon against the respondents with the National Police Commission (Napolcom).

In a decision dated June 22, 2009, the Napolcom declared that the warrantless arrest of the petitioners was illegal and Mabanag, Ratuita, Donato, Figueroa, Razon and Garcia were liable for grave misconduct. The decision is pending on appeal before the CA.