Journo’s plea to overturn dismissal of raps vs cops in wrongful arrest denied

(From left to right) National Union of Journalists of the Philippines’ (NUJP) Dabet Castaneda Panelo, Let’s Organize for Democracy and Integrity’s (LODI) Inday Espina Varona, veteran community journalist Margarita Valle, National Union of Peoples’ Lawyers’ (NUPL) lawyer Kathy Panguban and Altermidya’s Rhea Padilla hold a press briefing in 2019. INQUIRER FILE PHOTO/ Krissy Aguilar

MANILA, Philippines — A Mindanao-based journalist’s bid to overturn the dismissal of complaints against police officers who wrongfully arrested her — after mistaking her for a communist rebel — has been junked by the Office of the Ombudsman.

In an order dated June 24, the Office of the Ombudsman also dismissed the separate motion for reconsideration from two of the police officers involved who were found liable for simple neglect of duty after arresting journalist Margarita Valle in 2019.

The Office said that both motions from Valle and police officers Col. Tom Tuzon and Capt. Moh Madzdie-Aziz Mukaram cannot be entertained as Ombudsman rules dictate that any motion for reconsideration would only be entertained if new evidence were shown or if grave errors were committed.

Valle was appealing the dismissal of grave misconduct, grave abuse of authority, and conduct unbecoming of a police officer complaints against several high ranking police and military officials whom she claimed were involved in her illegal arrest last June 2019 in Misamis Oriental.

The list included then Philippine National Police chief Gen. Oscar Albayalde and former 102nd Brigade, 1st Infantry Division Brig. Gen. Jacinto Bareng.

“Movants failed to adduce any newly discovered evidence which could materially affect the outcome of the case, or proofs that grave errors of facts or laws, or serious irregularities were committed by this office,” the Ombudsman order signed by Overall Deputy Ombudsman Edilberto Sandoval read.

“Matters raised in the complaint-movant’s motion are mere rehash of the arguments that this Office has already considered and passed upon,” it added.

The journalist, who is primarily based in Davao City, was mistaken to be a certain communist rebel named Elsa Renton, whom police said had outstanding arrest orders for arson and murder.

Police claimed that Renton, the real suspect, was using an alias that was similar to Valle’s full name.

She was then released nine hours after being detained at the Zamboanga Peninsula regional office of the Criminal Investigation and Detection Group (CIDG).

On the other hand, Tuzon and Mukaram filed their motions as they protested the simple neglect of duty ruling, which carried a penalty of three months suspension without pay.

Tuzon was the chief of the Police Regional Office 9’s CIDG, while Mukaram was the unit leader of Zamboanga del Sur’s provincial CIDG.

READ: Ombudsman clears police, military officers in mistaken arrest of Davao journalist 

In the latest motion from the police officers, they insisted that they only acted in good faith as they maintained that Renton and Valle had physical similarities, and that their informant said that Renton would be at the Languindigan Airport on the day that Valle was wrongfully arrested.

The officers even claimed that both Renton and Valle are connected to the Communist Party of the Philippines and the New People’s Army (CPP-NPA) — in what could be an apparent red-tagging incident.

“Respondent-movants reiterate that they acted in good faith noting that […] both are connected to the CPP-NPA,” the Ombudsman order stated.

“The motions are unmeritorious,” it added.

Valle’s family previously claimed that her arrest was not a case of mistaken identity as she was the real target of the operation, for her being critical of the government’s policies.

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