Court orders prosecutors to comment on appeal of 5 cops in Failon case
MANILA, Philippines—A Quezon City court has ordered graft prosecutors to comment on the appeal of five policemen seeking the dismissal of their cases for allegedly detaining the in-law and house help of broadcaster Ted Failon.
Judge Marie Christine Jacob of Regional Trial Court Branch 100 directed the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices to answer the motion for judicial determination of probable cause.
The graft prosecutors are to submit their comment on the pleading within fifteen days.
The motion was filed through the accused’s legal counsel, Jay Borromeo, on grounds that five counts of arbitrary detention and five counts of failing to read the Miranda rights are without probable cause.
Charged were Senior Superintendent Franklin Moises Mabanag, Superintendent Gerardo Ratuita, Chief Inspector Cherry Lou Donato and Enrico Figueroa and Senior Inspector Roberto Razon, all formerly of the Quezon City Police District’s Criminal Investigation and Detection Unit.
The Office of the Ombudsman recommended the filing of charges against them with a bail amount of P20,000 for each count.
Article continues after this advertisementCourt records showed that they have yet to post the bail pending the resolution of their motion.
Article continues after this advertisementThe cases stemmed from the complaints of Failon (Teodoro Etong in real life), his in-law, Pamela Arteche-Trinchera; house help Pacifico Apacible, Carlota Morbos Wilfredo Bolicer and driver Glen Polan.
The complainants alleged that they were not informed of their rights to remain silent and to have a counsel of their own choice when they were arrested for obstruction of justice on April 16, 2009.
This was in connection with the suicide of Failon’s wife, Trina Etong.
In their motion for judicial determination of probable cause, the accused claimed that the complainants had lawyers even before they were arrested, during their arrest and during the inquest proceedings.
The police officials added that they did not commit arbitrary detention and violation of RA 7438 since probable cause does not
exist.
They also alleged that even the complainants’ counsel admitted having heard Mabanag read the Miranda rights in English to Morbos.
The court also ordered the defense through Morbos to submit his reply to the graft prosecutors’ answer within 15 days upon receipt.
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