New People’s Army FILE PHOTO
MANILA, Philippines – A security guard who was mistaken to be a New People’s Army leader has filed criminal cases against his military and police captors for allegedly torturing him.
“I will not just accept what has happened to me. I am fighting back to get justice for me and for other innocent people who were tortured and jailed like me,” security guard Rolly Panesa said in a statement released by human rights group Karapatan.
Together with his counsels, he filed complaints of Violation of Anti-Torture Act of 2009, Unlawful Arrest, Incriminatory Machination and Perjury at the Department of Justice.
Respondents to Panesa’s complaint on the violation of Anti-Torture Law, and unlawful arrest are Maj. Gen. Alan Luga, former Commanding Officer of Southern Luzon Command of AFP, Maj. Gen. Eduardo Del Rosario, CO of the 2nd Infantry Division of the Philippine Army, Chief Superintendent James Andres B. Melad, former Regional Director of the Philippine National Police Regional Office IV, Senior Superintendent Manuel M. Abu, Chief of Regional Intelligence Office of PNP Regional Office IV, Chief Inspector Reynaldo Mendoza of the Regional Intelligence Office of PNP Regional Office IV, Inspector Bonifacio L. Guevarra, Senior Police Officer 1 Christopher E. Flores, Police Officer 2 Ariel dela Cruz, PO2 Joseph M. Fernandez, PO1 Ellior de Lima.
Charged with perjury are Col. Generoso Bolina, spokesperson of Southern Luzon Command, Luis Grajo Rayos and Michael Rojo Alvarado and Erwin Rosales all rebel returnees.
“During detention, I met several people who like me were jailed but innocent of crimes charged against them – like that of charcoal makers suspected to be NPAs who are still languishing in jail,” Panesa said.
Panesa was arrested by the Army’s 2nd Infantry Division and the Philippine National Police on October 5, 2012, while he was walking home with his family on Aurora Boulevard.
The military alleged that Panesa led a double life as “Benjamin Mendoza,” a leader of the NPA in the Southern Tagalog region, who was wanted for various criminal cases in a Lucena City court, including rebellion and murder.
Last month, the military gave the P5.6 million reward to the informant who “identified” Panesa as “Benjamin Mendoza.” On August 29, the Court of Appeals ruled positively on Panesa’s petition for writ of habeas corpus, citing his case as a case of mistaken identity, and ordered the jail warden of Camp Bagong Diwa to release him from prison.
The military, meanwhile, maintained that Panesa is a communist rebel.
“We stand by our statement that he is a rebel of the NPA,” Army spokesman Lieutenant Colonel Randolph Cabangbang said.
“As of this moment, the Armed Forces of the Philippines has yet to receive the complaint filed by the lawyers of Rolly Mira Panesa known as Danilo Mendoza. We have yet to know who are the respondents in the complaint filed by them,” he said.
The military will also provide legal assistance to the military personnel implicated.
“Worth noting, the case of Danilo Benjamin Mendoza is still on Appeal as the Office of the Solicitor General has already filed Notice of Appeal at the 5th Division of the Court of Appeals last August 30 stating therein that we are going to appeal the CA decision for it being contrary to law and evidence,” Cabangbang said.
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