5 cops charged in aftermath of Ted Failon wife’s suicide

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—Five Quezon City police officers have been criminally charged in court for not informing ABS-CBN broadcaster Ted Failon’s sister-in-law and four of their househelp of their rights when they were arrested after the broadcaster’s wife committed suicide in 2009.

Charged were Senior Superintendent Franklin Moises Mabanag, former chief of the QCPD’s Criminal Investigation and Detection Unit; Superintendent Gerardo Ratuita, Chief Inspectors  Cherry Lou Donato and Enrico Figueroa, and Senior Insperintendent Roberto Razon.

They are accused of five counts of violation of Section 2 (b) of Republic Act 7438 (Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation) in a case to be tried by Judge Marie Christine Jacob of the Quezon City Regional Trial Court’s Branch 100.

The charges are separate from five counts of arbitrary detention pending before the Quezon City Metropolitan Trial Court.

The Office of the Ombudsman found probable cause to indict the five police officers in court based on the complaints of Failon, his sister-in-law Pamela Arteche-Trinchera, househelp Pacifico Apacible, Carlota Morbos, Wilfredo Bolicer and Glen Polan.

The five were arrested in April 2009 shortly after Failon’s wife, Trina Etong, shot herself in the head inside her home in Tierra Pura Subdivision.

Graft Investigation and Prosecution Officer Kathryn Rose Baliatan, however, dismissed perjury and grave coercion charges against the police officers due to lack of evidence.

In a 22 page resolution, Baliatan also junked the cases filed against retired Chief Superintendent Roberto Rosales; retired QCPD director Chief Superintendent Elmo San Diego; legal officer Senior Inspector Jay Borromeo, Inspector Erlinda Garcia and Police Officer 2 Joycelyn Marcelo.

Baliatan ruled that there was no legal ground for Failon et al’s arrest and subsequent detention at Camp Karingal.

“A careful perusal of the records showed that at the time of complainants’ warrantless arrest, it was not established that complainants have committed, are actually committing or are attempting to commit a violation of PD 1829 (obstruction of justice) in the presence  of the arresting officers,” Baliatan said.

The Office of the Ombudsman also gave weight and credence to the categorical and consistent declarations of the complainants that they were not informed of their constitutional rights.

Failon’s camp claimed that they were not informed of their rights to remain silent and to have counsel of their own choice when the policemen arrested them on April 16, 2009 at Failon’s home.

The househelp and Failon were arrested for alleged obstruction of justice when they refused to give details of the suicide  to investigators. Trinchera was later arrested at the hospital.

The QCPD also claimed that the complainants failed to report the shooting incident to police and even cleaned up the room where Failon’s wife shot herself.

The broadcaster’s camp, however, said they were illegally arrested as they were not committing any crime during the time the policemen arrested them.

In their defense, Mabanag et al denied the allegations, saying that the complainants were never denied their right to counsel.

The police officers added that Failon et al failed to present evidence to overturn the presumption of regularity in the performance of their official duty when they made the arrest.

Baliatan recommended bail of P20,000 bail for each of the police officers.

The QCPD filed charges of obstruction of justice against Failon, his sister-in-law and his house help before the Quezon City prosecutor’s office but the charges were dismissed due to lack of evidence.