Former Iloilo City Police Office (ICPO) director Col. Martin Defensor Jr. and 15 other city policemen have been suspended by the Office of the Ombudsman for simple misconduct.
Their suspension stemmed from the “warrantless arrest” of the two bodyguards of former city councilor Plaridel Nava.
Roy delos Reyes alias “Roy-Roy” and Rey Julius “Tata” delos Reyes were suspects in the killing of the former city councilor’s cousin, Mercedes Nava, on Jan. 4, 2019.
Penned by Ombudsman Samuel Martires, the policemen were meted the penalty of one month and one day suspension from the service without pay.
Other respondents were PLtCol. Godfrey C. Buslotan, PLICol. Jonathan P. Pablito, PMaj. Marlon N. Valencia, PSMSgt. Edward B. Barrida, PSMSgt. Jessie Jim T. Rubio, PMSgt Vernie L. Escorial, PSSgt. Richard Wan V. Lopez, PSSgt. Olivver H. t.onasco, PSSgt. Ricardo C. Morante, PSSgt. Joel B. Novera, PSSgt. Cyril D. Maestro, PSSgt. John Marcel A. San Pedro. PSSgt. Mothers 0. Nino, PSSgt. Enrico G. Gonzales, and PSSgt. Peter Laurence Organic.
Meantime, the charges against PSSgt. Vincent Angelo D. Hongo were dismissed after it was proven that he had no participation during the arrest of Roy-Roy and Tata.
According to the Ombudsman, the warrantless arrest performed by the respondents do not constitute hot pursuit arrest contemplated under Section 5(b) of the Rules on Criminal Procedure. Thus, such arrests are invalid.
It added that the arrest of Roy-Roy and Tata took place three days after the shooting of Mercedes and her companion Erwin, hence, they could not be reasonably regarded as effect when the offense has in fact just been committed within the meaning of Section 5(b) which connotes an immediacy in point of time.
Moreover, the anti-graft court said the respondents had no personal knowledge of facts indicating that Roy-Roy and Tata were the killers who shot Mercedes and Erwin.
The information upon which the respondents acted have been derived from statements made by alleged eyewitnesses to the shooting- one (Samantha) who stated that Roy-Roy was the gunman another (Vhanjie) who stated that before the shooting, she saw Tata with a companion on a motorcycle trailing the pick-up of Mercedes.
“Said information, however, did not constitute personal knowledge. If the respondents believed the information given to them by the supposed eyewitnesses, they should have wiled for a warrant before making the arrests instead of taking the law into their own hands,” the Ombudsman’s decision read.
In their Joint Counter-Affidavit, the respondents deny the charges maintaining that the arrests of Roy-Roy and Tata were lawful nnd in order.
“This Office finds substantial evidence to hold respondents who arrested Roy-Roy and Tata administratively liable for Simple Misconduct. Except respondent PSSgt. Flongo since he appears to have no participation in the acts complained of,” the decision further read.
It was former city councilor who filed the complaint against Defensor and all the arresting officers.
He particularly filed administrative complaint for Grave Misconduct, Grave Abuse of Authority and Conduct Prejudicial to the Best Interest of Service.
In his Facebook, Nava said he was not satisfied with the penalty imposed against the police officers.
He said they deserve to be dismissed form the service.
“They committed serious offense after arresting and detaining my two innocent employees. I am contemplating to file a motion for reconsideration to question the penalty imposed,” he said.
“This is a strong message to those who abuse and misuse their authority. I will never falter. I will fight with all my might until the end. Justice has been partially served!,” Nava added.IMT
