News (Media Awareness Project) - Philippines: Arrest Of 3 Mandaluyong Cops Unlawful - Prosecutors |
Title: | Philippines: Arrest Of 3 Mandaluyong Cops Unlawful - Prosecutors |
Published On: | 2004-08-09 |
Source: | Philippine Star (Philippines) |
Fetched On: | 2008-01-18 03:13:42 |
ARREST OF 3 MANDALUYONG COPS UNLAWFUL - PROSECUTORS
The arrest of three Mandaluyong City policemen last Wednesday by elements
of the Anti-Illegal Drugs Special Operations Task Force (AID-SOTF) during
an entrapment operation was "unlawful," a city prosecutor said.
In her three-page resolution, Assistant City Prosecutor III Flordeliza
Silao said that when AID-SOTF raiders pounced on the policemen, "there was
no overt act being performed by them which is sufficient to cause probable
cause that would justify their warrantless arrest."
Silao ordered the imperative release of SPO3 Rodel Castalone, PO1 Salvador
del Mundo and PO1 Jefferson Gonzales on Friday night.
But Silao pointed out that AID-SOTF can submit the cases against the three
policemen to a regular preliminary investigation.
Castalone, Del Mundo and Gonzales were arrested by an AID-SOTF team headed
by Superintendent Blackjack Aguilar during an entrapment operation inside
the Mandaluyong City police station.
AID-SOTF claimed that the three policemen were demanding P150,000 from
Alicia Lloret, whose son Jericho, was arrested for drug pushing. The money
was reportedly either for the dropping of the charges or the downgrading of
the case against Jericho.
Aguilar filed robbery, extortion and possession of illegal drugs charges
against the three policemen last Thursday.
However, during inquest proceedings, arresting officer SPO1 Faustino
Jimenez confirmed that the entire entrapment money was recovered not from
the three cops but from errand boy, Dennis Sullano, who claimed that
policemen ordered him to receive the P20,000 from Lloret.
She also noted that at the time of the policemen's arrests, Del Mundo was
seated in front a computer preparing a report, Castalone was seated in his
desk talking to a lady, while Gonzales was eating fishball.
Another AID-SOTF member, SPO1 Louel Beda Mora, manifested that they did not
arrest Del Mundo but rather invited him for questioning regarding Lloret's
complaint.
The AID-SOTF raiders admitted that the arrest of the three policemen was
only based on the statements given by Lloret and a witness identified as
Grace Milarion.
Sullano and the three policemen were brought back to the AID-SOTF
headquarters after inquest proceedings last Thursday.
They were released the next day after Silao forwarded a copy of her
resolution to Aguilar, who failed to return the call of The Star yesterday
for his comment on the prosecutor's decision.
Meanwhile, Superintendent Ericson Velasquez, Mandaluyong City police chief
welcomed Silao's decision, saying it proved all along that the AID-SOTF
operation was not within the confines of the law.
"We are presently weighing our options as to our next step in our effort to
bring justice to my men," said Velasquez.
The arrest of three Mandaluyong City policemen last Wednesday by elements
of the Anti-Illegal Drugs Special Operations Task Force (AID-SOTF) during
an entrapment operation was "unlawful," a city prosecutor said.
In her three-page resolution, Assistant City Prosecutor III Flordeliza
Silao said that when AID-SOTF raiders pounced on the policemen, "there was
no overt act being performed by them which is sufficient to cause probable
cause that would justify their warrantless arrest."
Silao ordered the imperative release of SPO3 Rodel Castalone, PO1 Salvador
del Mundo and PO1 Jefferson Gonzales on Friday night.
But Silao pointed out that AID-SOTF can submit the cases against the three
policemen to a regular preliminary investigation.
Castalone, Del Mundo and Gonzales were arrested by an AID-SOTF team headed
by Superintendent Blackjack Aguilar during an entrapment operation inside
the Mandaluyong City police station.
AID-SOTF claimed that the three policemen were demanding P150,000 from
Alicia Lloret, whose son Jericho, was arrested for drug pushing. The money
was reportedly either for the dropping of the charges or the downgrading of
the case against Jericho.
Aguilar filed robbery, extortion and possession of illegal drugs charges
against the three policemen last Thursday.
However, during inquest proceedings, arresting officer SPO1 Faustino
Jimenez confirmed that the entire entrapment money was recovered not from
the three cops but from errand boy, Dennis Sullano, who claimed that
policemen ordered him to receive the P20,000 from Lloret.
She also noted that at the time of the policemen's arrests, Del Mundo was
seated in front a computer preparing a report, Castalone was seated in his
desk talking to a lady, while Gonzales was eating fishball.
Another AID-SOTF member, SPO1 Louel Beda Mora, manifested that they did not
arrest Del Mundo but rather invited him for questioning regarding Lloret's
complaint.
The AID-SOTF raiders admitted that the arrest of the three policemen was
only based on the statements given by Lloret and a witness identified as
Grace Milarion.
Sullano and the three policemen were brought back to the AID-SOTF
headquarters after inquest proceedings last Thursday.
They were released the next day after Silao forwarded a copy of her
resolution to Aguilar, who failed to return the call of The Star yesterday
for his comment on the prosecutor's decision.
Meanwhile, Superintendent Ericson Velasquez, Mandaluyong City police chief
welcomed Silao's decision, saying it proved all along that the AID-SOTF
operation was not within the confines of the law.
"We are presently weighing our options as to our next step in our effort to
bring justice to my men," said Velasquez.
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