Sunday, September 21, 2014

CA exonerates police officer in suspected ASG member's torture case

From the Philippine News Agency (Sep 21): CA exonerates police officer in suspected ASG member's torture case

The Court of Appeals (CA) has exonerated a police officer who was charged and dismissed along with several others in connection with the alleged unlawful arrest and torture of a suspected member of the Abu Sayyaf Group (ASG) in 2006.

In a 12-page ruling written by Associate Justice Hakim Abdulwahid, the CA’s Fifth Division absolved Police Sr. Insp. Dante Yang from criminal liability and is deemed entitled to retirement benefits after his appeal was granted.

“The Decision dated January 20, 2012 and the Order dated May 16, 2012 of the Office of the Ombudsman are reversed and set aside,” the decision dated July 24, 2014 said.

Concurring in the ruling were Associate Justices Romeo Barza and Ramon Cruz.

The case arose from the administrative complaint filed by Allan Almoite against Yang, Supt. Roger James Brillantes, PO3 Noel Fabia, PO3 Peter Paul Pablico, PO2 Reynaldo Yap, all members of the District Intelligence and Investigation Division (DIID) of the Philippine National Police (PNP).

Almoite filed the complaint in relation to his alleged illegal arrest and detention pursuant to a warrant of arrest issued by the Pasig City Regional Trial Court (RTC) against various individuals and John Does, including a certain “Ali” in the case against ASG head Galib Andang alias Commander Robot.

These criminal cases were filed for 21 counts of kidnapping and serious illegal detention with ransom in connection with the April 2000 Sipadan, Malaysia kidnapping incident involving ASG members.

Almoite alleged that Yang’s group suddenly barged into his house on March 10, 2006, searching for a certain “Alih” or “Ali Ambing.”

He accused the police of destroying his personal effects and taking his money worth Php60,000.

Almoite claimed that he was tortured and was forced to admit the crime.

The Ombudsman rendered its ruling on Jan. 20, 2012 finding all the police officers guilty of grave misconduct and meted them the penalty of dismissal from the service with cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification from re-employment in the government service.

Yang went to the CA when his appeal was dismissed by the Ombudsman, alleging that the Ombudsman gravely abused its discretion when it slapped them with dismissal from the service.

In its ruling, the CA found that Almoite failed to prove that Yang violated an established and definite rule of action or was guilty of unlawful behavior or gross negligence.

“Moreover, [Almoite] was not able to establish any of the aggravating elements of corruption, willful intent to violate a law or to disregard established rules on the part of the petitioner [Yang],” it said.

The CA said Yang was sufficiently able to explain how the arresting team eventually connected the “Ali Ambing” suspected of being a bomb-maker for the ASG and another alleged terrorist group to Almoite.

“It is clear, therefore, that respondent Almoite’s arrest was not attended by arbitrariness, malice or bad faith on the part of petitioner and the other operatives in his team, despite the fact that the former was not specifically and accurately identified in the warrant of arrest,” it added.

With respect to the alleged torture that Almoite suffered in the hands of the operations team, the CA found that the complainant did not specifically or positively identify Yang as among those who actually tortured him.

“[M]ere allegations of irregularity, such as torture, is insufficient to rebut the presumption that the police officers regularly performed their duties,” it said.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=686794

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