The two men who were arrested by a barangay captain and his tanods in Lapu-Lapu City for illegal drug possession were released after their arrests were considered unlawful.
The arrests of Fraidi Amistoso, 37, and Roel Ceniza were found baseless since it was not stated in the affidavit of the arresting team that the two men were caught in the act of selling illegal drugs, said Jude Henritz Ycong, Lapu-Lapu City Prosecutor 1.
The arrest was made by Basak barangay captain Isabelito Darnayla and his tanods.
In his affidavit, Darnayla said they received reports about the two men’s alleged involvement in illegal drug activities. They made a buy-bust operation and arrested them about 3 p.m. last Friday.
Ycong said Darnayla’s group was not authorized to implement a warrantless arrest since it was not stated in their affidavits that the two men were caught selling drugs.
Senior Supt. Lyndon Lawas, chief of the Lapu-Lapu City police, earlier warned barangay officials not to conduct drug buy-bust operations by themselves.
Lawas said this activity needs the police or Philippine Drug Enforcement Agency personnel.
“It was really a buy-bust operation as reflected in the police blotter since they used a marked money during the arrest. But in the blotter, it was stated that the two men were arrested for possession of illegal drugs,” said Lawas.
Lawas said Amistoso and Ceniza could file charges against the baranagay official and tanods for unlawful arrest and a usurpation of authority.
Lapu-Lapu City Mayor Paz Radaza also reminded barangay officials to follow proper procedure in conducting illegal drugs operation.
The Basak barangay captain belongs to the opposing political camp of the mayor.
“It was the first time it happened here that a barangay captain was the one leading a buy bust operation. I don’t encourage barangay captains to do the same because I don’t want them to risk their lives that way,” said Radaza.