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6 cops on Failon case relieved, suspended

By Abigail Kwok
INQUIRER.net
First Posted 15:15:00 06/22/2009

Filed Under: Police, Ted Failon, Human Rights, Crime

MANILA, Philippines ? (UPDATE) Six police officers were relieved from their posts and suspended for six months for ?grave misconduct? over their handling of the investigation into the death of the wife of broadcaster Ted Failon, Interior Secretary Ronaldo Puno said.

The six officers are: Superintendents Franklin Moises Mabanag and Gerardo Ratuita, Chief Inspectors Cherry Lou Donato and Enrico Figueroa, Senior Inspector Roberto Razon Sr. and Inspector Erlinda Garcia.

Mabanag was relieved as chief of the District Mobile Force while Ratuita was relieved as head of the Criminal Investigation and Detection Unit of Quezon City. All six officers are assigned with the Quezon City Police District (QCPD).

Meanwhile, charges against Superintendent Marcelino Pedrozo, Senior Police Officer 2 Jerry Abada and Police Officer 2 Joycelyn Marcelo were ordered dropped for insufficiency of evidence, Puno said.

A National Police Commission (Napolcom) investigation found the six police officers guilty of violating police operational procedures on proper arrest, seizure, and search during the arrest of Etong?s relatives at the New Era Hospital and from the Failon home.

Failon?s wife, Trinidad Etong, was found with a gunshot wound to her head in the bathroom of their Quezon City home in mid-April. The National Bureau of Investigation ruled her death as a suicide.

?Everybody [should] adhere very strictly to provisions of existing law, including the reading of Miranda rights. They undergo training and are expected to remember what they learned during their training,? Puno said.

Commotion ensued between police and the relatives of Failon when the latter resisted police arrest on charges of obstruction of justice.

?It is disappointing that we have violations of these police operational procedures among high ranking officers,? Puno said.

Napolcom Vice Chairman Eduardo Escueta said the six officers violated operational procedures for arresting the relatives of Failon without a warrant.

?In this case there was no basis for warrentless arrest. In fact, the lack of basis was so glaring that even the prosecutor?s office of Quezon City made a very clear determination that there was no legal basis for the charge of obstruction of justice,? Escueta said.

?But the worst thing is they denied the suspects arrested with the right to counsel,? Escueta said.

He said that investigation revealed the police officers ?warded off rather recklessly? one of the lawyers of the Failon camp in the hospital.

?We were unhappy about the way the entire group behaved in the hospital, where they actually went and accosted the relatives of the deceased, the then recuperating Mrs. Failon,? Puno said.

Puno said that as punishment, in the future, the six officers will be deployed into ?field service.?

?In their subsequent assignments after their suspension, we will not look favorably into their re-entry into police service. Perhaps they are better suited in service with the fields, like mobile group where direct contact with community is not that often and not that sensitive,? Puno said.

Although Failon?s camp welcomed the Napolcom decision, Lawyer Arnold Perez said it would be better if the six officers were demoted or even dismissed from the service.

Nevertheless, he said Failon?s camp respected the decision of the Napolcom.

Perez said the Failon camp was studying the filing of criminal charges against the six officers, for failing to read the Miranda rights to the accused, arbitrary detention, perjury, and coercion.

Escueta said the Napolcom decided not to dismiss or demote the officers because of ?mitigating circumstances.?

?We took note of the argument of the respondents that when they had to arrest, they were doing so on the basis of lawful orders and they were merely complying with duty and these are bemedalled officers,? Escueta said.



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