THE five policemen accused of kidnapping Enrique Fernandez III have been turned over to the Cagayan de Oro City Jail in Lumbia village on Thursday, November 17, after city prosecutors found probable cause to indict the suspects for kidnapping.
Senior Inspector Ereneo Ramirez, chief of the Crime Against Person and Property Desk and his subordinates Police officer 3 (PO3) Alejandro Ubanan, SPO2 Jojo Lim, SPO1 Alaindelon Tacubao, and PO2 Sangkula Hussein were all handcuffed and brought to the Regional Trial Court at the City Hall from the National Bureau of Investigation (NBI)-Northern Mindanao detention facility at 3:48 p.m. for the reading of the commitment order.
The five former members of a single police unit of the Cagayan de Oro City Police Office (Cocpo), were then taken to the City Health Office for routine medical examinations before finally heading to the City Jail.
Speaking about the charges against the five, officer-in-charge city prosecutor Merlynn Uy said the panel of prosecutors did not find any irregularity in the conduct of the arrests by NBI agents at Camp Vicente Alagar, Cagayan de Oro City, last November 15.
Uy also said the prosecutors recommend the filing of kidnapping charges against the five with no bail recommended.
"We upheld the validity of the warrantless arrest considering that kidnapping is a continuing offense and until now the body of the victim was not yet found so it is presumed that until now he is deprived of his liberty and kidnapping or detaining a person more than three days becomes non-bailable," Uy said.
All five suspects have so far refused to comment on the alleged kidnapping. Their lawyers, Noel Vedad and Almira Valdez, likewise declined to comment.
"Walo tanan (A total of eight) respondents for the kidnapping. The inquest only applies to arrested suspects. The three others we treat them under regular preliminary investigation because we can't include them sa information just yet because they are still at large," Uy said.
Uy said the carnapping complaint against the five police including the three other accomplices who are at large are not proper for inquest proceedings.
Uy said the prosecution will treat the case under regular preliminary investigation and the prosecutor's office will send a subpoena against the three alleged police accomplices identified as Rolando Udasco alias "Tatay" Udasco, alias "Boy" Guevarra and a John Doe.
Under the preliminary investigation, all the suspects will be given a chance to submit their counter affidavits within 10 days covered by the 60 day-period for the prosecution to resolve the case.
Uy said further that the kidnapping charges against the suspects may still be amended to kidnapping with homicide if the victim is eventually found dead.
"Kung mahibal-an nga patay na ang biktima, mahimo na ang kaso nga (If the victim is found dead, we can file) kidnapping with homicide, supervening na na siya. Anyway kidnapping is already a non-bailable offense," Uy said.
Lawyer Alex Caburnay, head agent of the NBI-Northern Mindanao, said the prosecution will see the evidences mainly the closed-circuit television (CCTV) camera footage and the testimony of the witnesses as grounds to indict the suspects.
"Nakita nila ang basihan ang ebidensya and CCTV footage and testimony ng witnesses sila wala pa masabi after that they have their rights to file their counter affidavit," Caburnay said.
But Guillerma Ramirez, mother of the most senior police officer among the five, said she believes her son is innocent of the charges.
Ramirez, however, admitted she has not seen the recording of the alleged October 23 kidnapping of Enrique Fernandez III at the Uptown Condotel in Upper Balulang (not Condotel at Pueblo de Oro, Upper Balulang as earlier reported).
"Kabalo ug kaila ko sa akong anak. Wala nako motan-aw sa CCTV (I know my son. I didn't watch the CCTV footage)," Ramirez said.