QC court asked to defer ruling on Failon case vs cops
ABS-CBN news anchor Ted Failon (in red baseball cap) leave his home at Tierra Pura Subdivision and brought to Criminal Investigation and Detection Unit in Camp Karingal, Quezon City, midnight of April 16 for investigation regarding the death of his wife, Trinidad. NIÑO JESUS ORBETA/INQUIRER FILE PHOTO
MANILA, Philippines – The Office of the Ombudsman has asked a Quezon City court to defer its ruling on an appeal by five policemen to throw out arbitrary detention charges filed by broadcaster Ted Failon.
Graft investigation and prosecution officer Katherine Legarda-Pajaron said her office had yet to resolve motions for reconsideration from both Failon and the policemen.
The Ombudsman’s office for the military and other law enforcement officers submitted a three-page comment to Judge Christine Jacob of Regional Trial Court Branch 100.
“It is most respectfully asked of this court that the resolution of the motion for judicial determination of probable cause be deferred pending the resolution of both motions for reconsideration before the deputy Ombudsman,” it read.
Jacob is hearing the arbitary detention charges against Senior Superintendent Franklin Moises Mabanag, Supt. Gerardo Ratuita; Chief Inspectors Cherrylou Donato and Enrico Figueroa, and Insp. Roberto Razon, all then with the Quezon City Police District.
They were indicted in connection with the arrest of Failon’s sister-in-law and househelp following the suicide of Failon’s wife, Trina Etong, in April 2009.
Aside from five counts of arbitrary detention, the officers are also facing five counts of violating Section 2(b) of Republic Act 7438 on Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation.
This was after the Office of the Ombudsman charged them on the basis of the complaints of Failon, his sister-in-law Pamela Arteche-Trinchera, househelp Pacifico Apacible, Carlota Morbos, Wilfredo Bolicer and Glen Polan.
The policemen, however, lodged a motion for judicial determination of probable cause in which they asked the court to review their case and dismiss it for lack of probable cause.
In its comment, the Office of the Ombudsman said both parties filed separate appeals in that office which are awaiting resolution.
On August 15, the Ombudsman received a motion for partial reconsideration filed by Failon et al, seeking to include two other police officials in the charges.
The following day, the same office received Mabanag et al’s motion for reconsideration asking for the dismissal of the charges.
