Antipolo City man claims ‘torture’ by police during House panel hearing

Batasang Pambansa. (File photo from Philippine Daily Inquirer)

MANILA, Philippines — A young man from Antipolo City claimed that police officers abducted and maltreated him, and ordered him to find a way to bring out a suspected drug dealer in November 2022.

At Thursday’s hearing of the House committee on public order and safety, Carl Joshua Marbella said the police officers hit him and covered his head with a plastic bag after they forced him into an unmarked vehicle at a checkpoint. The lawmen then allegedly ordered him to devise a way to compel Jonel Babagay to leave his house.

Marbella told Antipolo 2nd District Rep. Romeo Acop that he and a friend were on their way to Upehco Subdivision in Antipolo City when police officers in civilian clothes stopped them at a checkpoint.

According to the young man, he repeatedly pleaded with the police officers but their team leader, whom he identified as Police Maj. Juan Carlo Porciuncula, slapped him instead. Out of fear, Marbella said, he obeyed the orders of the lawmen and eventually pressed Babagay to return the bluetooth speaker he borrowed from him. He said he asked Babagay to bring the speaker to his residence.

“Hinawakan po ako sa kamay tapos sabi makipag-tulungan na lang daw po ako. Tapos sinakay na po ako sa sasakyan […] 5:08 p.m. po nag-chat ako kay Jonel na kukunin ko po ‘yong speaker kasi po ang sabi po nila (police) sa akin, gumawa raw po ako ng paraan para mapalabas ko po si Jonel. Kasi po natatakot na po ako, your Honor, kasi sinasaktan na po nila ako, kaya ginawa ko po ‘yong paraan na ‘yon,” Marbella recalled during the hearing.

(They held my hand and asked me to just cooperate with them. Then they boarded me into a car and at around 5:08 p.m., I messaged Jonel that I would get the speaker because they told me to come up with a way to lure Jonel out of his house. I was afraid, your Honor, because they were hitting me so I had no other option.)

“Umiiyak na po kasi ako no’ng kinuha ako. Sabi ko po, ‘Sir, parang awa niyo na po graduating po ako’. Tapos ito po, si Major Porciuncula, sinampal niya po ako. Tapos ‘yon po umandar na po kami, dinala po nila ako sa Taktak (Road). Tapos habang umaandar po ano may sinasabi sa akin ta’s sinusupot ‘yong ulo ko po,” he added.

(I was crying when they forced me into a car. Then I told them, “Sir, have mercy, I am a graduating student.” Then, Major Porciuncula, slapped me. Then we started moving, and they brought me to Taktak Road. Then while we were moving he was saying something and placed a plastic on my head.)

After that, Acop asked Marbella how long it took for police officers to drive him around Antipolo before the anti-drug operatives actually made their way towards his house, where Babagay was.

Marbella said it was around one hour.

Acop – a former police official who used to head the Criminal Investigation and Detection Group – observed that the timelines and the testimonies given by Marbella, his mother, and even Babagay’s mother have been similar – and far from what the police have said.

“So, after that napilitan kang tawagan si Jonel? Sinabi mo sa kanya na isauli niya ‘yong ang speaker? And that tallies with the statement of Mrs. Babagay na nagpaalam ‘yong anak niya na para magsauli ng speaker sa’yo kasi may pupuntahan sana silang dalawa. Nando’n sa affidavit,” Acop noted.

(So, after that, you were forced to contact Jonel? You told him to return the speaker? And that tallies with the statement of Mrs. Babagay that her son asked permission to return the speaker because they were supposed to go somewhere. It’s in the affidavit.)

“Yes po,” Marbella answered.

According to the young man, Babagay showed up at his house moments after he messaged him not knowing that police officers were waiting to apprehend him. Marbella added that his relatives tried to prevent the arrest, but they were also shocked to see him inside the car of the police officers – in handcuffs.

The statements have led committee chairperson and Santa Rosa City Rep. Dan Fernandez to conclude that Marbella (CJ) was used to bring out Babagay (Jonel).

“So if there was such a conversation and the cellphone is being held by the apprehending team, so CJ was used for Jonel to come out, into the house of the Babagays,” Fernandez said.

“Because according to them, Jonel is a high-value target.  Well, that is not the issue here – whether he is a high-value target or not, what our issue here is basically if there is a violation of the OP (operational procedures) […] at any rate human rights violations are very critical in this issue,” he added.

The anti-drug operation against Babagay is one of the two primary buy-bust operations that are being questioned before the House panel – the other conducted in Antipolo City, too, where a mother and a child claimed they were abducted by police officers around evening but the main operation was carried out around 10:00 p.m. at a different place.

The initial discussions were held last March 22 when House Resolution No. 776 filed by Acop was deliberated. The Antipolo City lawmaker said earlier that there were other individuals who claimed that a similar type of operation happened to their relatives.

READ: Solon learns of drug suspects’ eerie kidnappings before buy-busts

This has led former police Colonel and 1-Rider party-list Rep. Bonifacio Bosita to speculate that the supposedly illegal operations were conducted due to pressure brought by the quota system. — with reports from Maria Liezl Projella, trainee

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