MANILA, Philippines - A National Bureau of Investigation (NBI) agent vowed to prove his innocence when he is subpoenaed before the Cavite prosecutor’s office where a complaint for kidnapping was filed against him, his common-law wife, his wife’s best friend, their minor maid and two other persons.
This was assurance given by Toto Causing of Renta Pe & Associates, the law firm acting as the legal counsel of NBI agent Junnel Malaluan.
In a statement, the law firm said it was impossible for Malaluan to have had a hand in the alleged kidnapping because, like any father, he would never ever bring a captive to his house and risk his six-month-old son and 17-month-old daughter.
The law firm added that even the story of kidnapping is incredible enough, pointing out that no kidnapper would ever abduct a tricycle driver for the purpose of getting a ransom.
“We all know how much a tricycle driver earns a day; P500 is too pretty,” Causing said.
Moreover, the law firm said the complaint-affidavit did not state that the alleged kidnap victim saw the NBI agent even once inside the latter’s house where he claimed he was detained for five days.
Causing said the identification card of Malaluan and the caliber .45 pistol allegedly found inside the agent’s house during a search 20 hours after the victim’s supposed escape cannot be taken as evidence even if they were true.
“This is because these were seized in violation of the Constitution, making them fruits of a poisonous tree. It is clear that any things seized by violating the search warrant law cannot be used as evidence in any case,” Causing said.
The law firm pointed out the fact that 20 hours had passed since the supposed escape of the alleged kidnap victim was more than sufficient to prohibit a follow-up arrest or raid on any suspected hideout.
“Despite the long period of lull, the six-month-old son, the 17-month-old daughter and the 17-year-old maid of the NBI agent were arrested in the follow-up raid,” Causing added.
Causing stressed the fact that a minor house helper and toddlers were found inside the house, saying it is enough proof to say it was impossible for a kidnap victim to have been kept there for five days.
“Rest assured, agent Malaluan is only cooling off the heat and he will show up when the preliminary investigation begins at the Cavite provincial prosecutor’s office,” Causing said.
Moreover, the law firm asserted it was impossible for Malaluan to be present at the time the alleged victim was taken because a basketball scorebook show he scored many two-point shots in a tournament at that time.