Thursday, May 22, 2008 2 police officers sued over 'escape of murder suspects'
CRIMINAL charges were filed before the Sandiganbayan against two police officers for allegedly abetting the escape of two murder suspects under their custody in 2002.
The Office of the Ombudsman overruled the claim of Senior Superintendent Rodolfo Babera and Police Officer 2 Renato Olorga Jr. that the complaint should have been junked for lack of proof that they connived with the two suspects in their escape.
Babera and Olorga argued that connivance was held to be an essential element of the crime of infidelity in the custody of prisoners penalized under Article 223 of the Revised Penal Code.
But the anti-graft body held that laxity of custody over arrested persons resulting in the escape of the crime suspects is tantamount to connivance.
"Although there was no agreement between the officer and the prisoner, affording the prisoner an opportunity to get away with ease through tolerance of his custodian is deemed to be connivance," the ombudsman declared.
Assistant Special Prosecutor II Pamela Baring-Uy recommended that bail bonds for the two accused be set at P6,000 each.
Based on the investigation of the Office of the Deputy Ombudsman for Military and Other Law Enforcement Offices (Moleo), Lorenzo and Leomart Canaveras -- suspects in the killing of Ludem Sumayang -- were able to escape due to the intervention of the defendants.
Graft investigators noted that "there was deliberate intent on the part of the respondents to delay the filing of the complaint against the suspects" and "to mislead the complainant on procedures" as well as the absence of a lawful order of release.
The ombudsman also recommended that the National Police Commission (Napolcom) initiate administrative proceedings against the two defendants. (Sunnex)
