Friday, June 20, 2008 Cops accused of illegal detention
TALISAY City Police Chief Romeo Perigo and four of his subordinates have been accused of illegally detaining a 17-year-old minor in connection with a shooting incident nearly two months ago.
The minor (name withheld) and a certain Mario Caparida, both members of Tau Gamma Phi fraternity, were arrested after the shooting of two victims at Abalo Beach, Barangay Cansojong, Talisay City last April 27 around 6:30 a.m.
The young complainant and his father filed a case at the City Prosecutor’s Office against Perigo and four others for allegedly delaying the delivery of detained persons to the proper judicial authorities, a violation of Article 125 of the Revised Penal Code.
Named as Perigo’s co-accused were PO3 Edwin Alvarado, PO2 Allan Villasurda, PO3 Roelito Tano and PO1 Erwin Carbonquillo.
In his affidavit, prepared by lawyer Santiago Ortiz Jr., the father said his son’s arrest and five-day detention (April 27 to May 2) unlawful.
“Worse, the same police officers delivered my son to the judicial authorities only on April 30 at around 1:30 p.m. or after the lapse of three days from the time of my son’s unlawful arrest,” read the affidavit.
He said his son was not in the immediate vicinity of the crime scene but was in Sitio Asan, Barangay Poblacion, Talisay City.
In a separate affidavit, the teenager also questioned the filing of a frustrated murder case against him because no one, either the victim or any aggrieved party, came forward to implicate him to the crime.
“The statements made by the arresting officers... are all hearsay...not admissible in evidence and should not be given any amount of belief or credibility,” he said.
But in their counter-affidavit, the accused policemen downplayed the complainant’s allegation, saying they did not violate the law.
“And the factual antecedent would reveal that there was no unjustifiable actuations on our part that would warrant the filing of the case as complained,” their three-page reply read.
They said Insp. Rolando Ong signed the letter complaint of frustrated murder, citing the non-availability of Perigo and inclusive dates of the detention.
They filed the case in their official capacity following the failure of the victims’ family members “to come to our office despite repeated follow ups.”
The accused told the fiscal’s office that they even got commendation from the Cebu Provincial Police Office for the immediate arrest of the two suspects.
Attached to their reply was the positive result of the paraffin test of Caparida, the minor’s alleged companion.
The PNP Crime Laboratory 7 did not conduct the test on the complainant because he was a minor.
Also attached was the April 30 social case study report of the City Social Welfare Office (CSWO), wherein the minor reportedly disclosed that he was provoked into committing the offense.
The CSWO found out that the teenager is a construction worker who sired a child with his common-law wife.
It said that the young man is fond of gallivanting with his friends after his construction work.
“Per assessment, minor is already acting with discernment,” read the report of Social Welfare Officer 3 Fe Bacaltos. (GC)
