Court asked to defer ruling on cops’ bid vs Failon

Ted Failon

The Office of the Ombudsman has asked a Quezon City court to defer its ruling on the appeal of five policemen to junk the arbitrary detention raps filed by TV and radio anchor Ted Failon.

Graft investigation and prosecution officer Katherine Legarda-Pajaron said their office has 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 the 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 arbitrary detention charges against Senior Supt. 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 in-law and helpers following the suicide of Failon’s wife, Trina Etong, in April 2009.

Aside from five counts of arbitrary detention, the policemen 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 based on 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 before their office which are awaiting resolution.

On Aug. 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.