19 cops cleared of complaint

THE National Police Commission (Napolcom) cleared 19 Cagayan de Oro City Police Office (Cocpo) policemen from a complaint accusing them of storming a residence without search warrant and committing theft inside the house.

They are, however, still facing illegal arrest, torture, robbery and evidence-planting charges before the Ombudsman.

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The complaint stemmed from an incident in March 16, 2008, in which the policemen tried to capture two robbery suspects inside the house of Police Officer 1 Joey Alindam in Upper Bulua, Cagayan de Oro City. 

Alindam's wife, Airene, the complainant in the dismissed case, alleged that heavily armed policemen raided, search and ransacked their house without court order. 

Airene said the policemen entered the room of her sister Cyril Telen and took the P100 and a Nokia cellphone (3315) worth P1,500.
 
Police arrested Airene's husband, a member of the Philippine National Police Maritime Group, and Cyrus Clent Jadap, a resident of Barangay Bonbon, and Richard Gepte, chairperson of Barangay Mantangale in Balingoan, Misamis Oriental. 

Airene's husband was later released but police detained Jadap and Gepte, presenting them the next day to the media as suspects in a foiled robbery in Cagayan de Oro.

Jadap later joined as co-complainant in the Napolcom case. 

Napolcom-Northern Mindanao Regional Director Maria Luisa Opina said the Napolcom en banc dismissed Airene's complaint because she and Jadap "lacked intention to pursue the case, following their continued failure to attend the several scheduled hearings."
 
The five-page Napolcom resolution released last week also gave weight to Jadap's affidavit of desistance, stating his interest not to pursue the case further.

"The failure of complainants to appear and the execution of affidavit of desistance from one of the complainants really weakened the case," Opina told Sun.Star Cagayan de Oro.

Cleared were Police Chief Inspectors Jason M. Aguillon, Aaron M. Mandia and Salvador Radam, SPO2 Francisco A. Dayandayan, Jr., SPO1 Allan K. Gumatas, SPO1 Noel G. Oclarit, PO3 Hernani A. Gelogo, PO3 Angelito P. Baquilid, PO3 Eugene G. Solidarios, PO3 Earl I. Valconcha, PO3 Willy Cenon P. Caturan, PO3 Rony N. Abamonga, PO3 Eduardo E. Pimentel, PO3 John Caberte, PO2 Richard A. Cervantes, PO2 Ronald B. Patriana, PO2 Joel C. Acang, PO1 Juben C. Rosales, PO1 Andy N. Balabat, and PO1 Jerome P. Capagngan, members of the Special Weapon and Tactics (Swat), City Mobile Group and  Intelligence Branch.  

It was not immediately known whether Jadap also issued an affidavit of desistance in the case he filed before the Ombudsman. 

In the complaint, Jadap denied any involvement in the attempted robbery. He said he and Gepte were illegally detained, tortured and the evidence was planted on them by the police officers. 

In their counter affidavits, the police officers said they arrested Jadap and Gepte on a hot pursuit operation launched immediately after a failed robbery incident. 

They also denied the illegal arrest, torture, robbery and evidence-planting charges. (Annabelle L. Ricalde)