Cop in Edsa kidnap case loses appeal

MANILA, Philippines–The Court of Appeals has denied a police officer’s petition for his release after he was linked to the Edsa kidnapping-robbery case last September.

In a 10-page decision released on Friday, the appellate court’s 10th Division upheld the legality of the continuing detention of Senior Insp. Allan Emlano at the National Capital Region Police Office’s holding and accounting unit in Camp Bagong Diwa, Taguig City.

Emlano sought the issuance of a writ of habeas corpus that would have allowed him to argue his case in court. This was after he received a copy of the National Police Commission (Napolcom) decision dismissing him from the service for serious neglect of duty due to his being absent without official leave (Awol) from Nov. 26, 2012, to Jan. 18, 2013.

A member of the Caloocan City police force, Emlano surrendered nine days after he and 10 other policemen were tagged in the daylight abduction and robbery of two employees of an engineer-contractor on Edsa-Mandaluyong on Sept. 1, 2014.

A netizen on a bus took a picture of the incident and posted it on Twitter. It quickly went viral and led to an investigation by the Philippine National Police. The victims later turned up and claimed that the policemen took P2 million from them.

Emlano was also charged administratively with grave misconduct stemming from the criminal violation of Articles 306 (brigandage) and 267 (kidnapping and serious illegal detention) filed against him in connection with the Edsa incident.

He argued that since he had been dismissed by Napolcom as of Sept. 24, 2014, the PNP’s restrictive custody over him was without basis and he should be freed since no warrant of arrest or commitment order had been issued against him by any court.

The Court of Appeals, however, ruled that the order of restrictive custody should remain in effect despite his separation from the service.

“In fine restrictive custody is a nominal restraint beyond the ambit of habeas corpus. It is neither actual nor effective restraint that would call for the grant of the remedy called for. It is a permissible precautionary measure to assure PNP authorities [that] the police officers concerned are always accounted for,” the court said in the decision written by Justice Carmelita Salandanan-Manahan.

The court also noted that the Sept. 24, 2014, decision of the Napolcom was not final and executory as Emlano’s motion for reconsideration was still pending before the police body.