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Benguet RTC says Buguias punks arrest illegal

Punks’ councels to file raps vs. PNP

LA TRINIDAD, Benguet (May 25) — Branch 64 Judge Agapito K. Laoagan of the Regional Trial Court (RTC) here ruled as illegal the warrantless arrest of the 10, out of 11 punks, by members of the local Philippine National Police (PNP) as it alleged that they are members of the New People’s Army (NPA) that figured in a raid of a military detachment in Mankayan town of this province on February.

As the arrest was illegal, the punks counsels may file a case of arbitrary detention against the arresting PNP officers, in addition with the criminal and administrative cases they filed earlier.

Nordis learned from lawyer Pablito Sanidad of the Free Legal Assistance Group (FLAG) one of the punks’ lawyers that he and other defense counsels are considering filing cases against the Citizens Armed Forces Geographical Unit (CAFGU) of Benguet who falsely accused the punks when they (punks) have nothing to do with the raid.

The 10 punks whose cases were ordered quashed by Judge Laoagan are Darwin Alagar, Arbie Nunez, Aldoz Christian Manoza, Neil Russel Balajadia, Jethro Villagracia, Rondon Pandino, Anderson Alonzo, Jefferson de la Rosa and minors Ray Lester Mendoza and Frencess Ann Bernal, added Sanidad.

The case of Rundren Lao, who escaped detention two days after the arrest to tell their horrible story but rearrested latter, was not ordered dismissed as Laoagan claimed that Lao was validly arrested based on a warrant of arrest.

In his nine-page order, Laoagan sided with the defense counsels’ contention that the warrantless arrest was contrary to law and the constitution adding that in warrantless arrest based on hot pursuit, there must be an immediacy between the date of the commission of the crime and the arrest. The court pointed out that the incident in Mankayan took place on February 10 while the warrantless arrests were made only four (4) days later. It claimed then that the crime had not “just been committed” as required by law.

Laoagan also pointed that the said PNP officers were not present when the alleged crime took place and (they) had no personal knowledge of the crime or that the accused had actually committed them. They (PNP officers) relied only from second hand knowledge gathered by interviews after the crime was committed and it is not the kind of personal knowledge also required by law, added Laoagan in his order.

Sanidad said that the 11 punks were hitchhiking on their way to Sagada, Mountain Province when they were arrested by in a PNP checkpoint at Bangao, Bugias, on February 14 by a team identified as PSupt. Brent Madjaco, SPO1 Alyson Kalang-ad, PS1 Joseph Paulo Bayongasan, PO1 Jonathan Pucya, PO2 Wendell B. Baglao, and PO2 James M. Ayan Jr and afterwards charged for robbery with homicide at the RTC Branch 64.

The counsels, aside from Sanidad, are Reynaldo Cortes, Jose Molintas, Noe Villanueva, Randy Kinaud, Joris Dacawi and Eric Santos, who filed the motion to quash which Laoagan granted on May 19.

Laoagan’s order gives the prosecution 15 days from notice (of the order) to file new information against the 10 punks. If the 15 days lapse without the new information, the 10 punks will be released, Sanidad clarified.

Meanwhile, due to Republic Act 9344 known as the Juvenile Justice and Welfare Act of 2006 which exempts minors to criminal liability, this province prosecutor’s office filed a Motion to Release two minor punks Bernal, aged 15, and Mendoza, aged 16, at the RTC Branch 64 on May 19.

“We welcome the move by the prosecution,” added Sanidad. But he shared that a hearing is yet to be set by Judge Laoagan to determine the age of their minor clients. # Arthur L. Allad-iw for Nordis

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