MANGALDAN, Pangasinan, Dec. 10 (PNA) — The town’s chief of police and nine of his men are facing a complaint before the Office of the Ombudsman filed by two barangay officials whom they reportedly bodily forced out of the village hall in the morning of December 3.
The incident happened when Joselito Quinto and Melinda Morillo, barangay chairman and number 1 councilman, respectively, of Barangay Poblacion, began resuming their functions after serving their 60-day preventive suspension without any formal case filed against them.
Lawyer Joseph Manuel Cera, counsel of both Quinto and Morillo, confirmed that his clients filed a complaint before the Ombudsman against Supt. Jackie Candelario, chief of police of Mangaldan; SPO1 Rolando Mercado, Senior Inspector Hermy Dumucmat Ancheta, PO2 Ulysses Serandon, PO2 Noel Ulanday, PO2 Benjamin Solis, PO2 Richard Tibigar, PO1 Allan Rey Sagun, PO1 Marlon Angan Angan and PO1 Gary Maguliano.
In the verified affidavit complaint sent to the Ombudsman via registered mail, both Quinto and Morillo charged Candelario and the nine policemen with oppression, perjury, unlawful arrest, unlawful detention, grave abuse of authority and grave misconduct.
These cases stemmed when the two barangay officials were forced out from their offices by Candelario and his policemen while they were performing their duties inside the Poblacion barangay hall.
The complainants asserted in their affidavit that the policemen did this even if the administrative complaint earlier filed against them has been closed and terminated as per resolution no. 2014-114 issued and released to their counsel by the Office of the Sangguniang Bayan.
They said they relayed the information to Supt. Candelario but “he did not believe us and arrogantly arrested us”.
Cera said although there were no external findings on complainant Morillo when she was forced out from the barangay hall as per medico legal certificate, the other complainant Quinto suffered abrasion in her body.
At the same time, Cera said as a matter of procedure during arrests, policemen should have read the Miranda doctrine to the two barangay officials but they did not.
“The arrest was unlawful as we were performing our respective duties when the police officers entered the barangay hall. The police officers were not equipped with a lawful order to arrest us”, both Quinto and Morillo stated in their complaint-affidavit.
Cera also said after that, his clients were illegally detained at the Mangaldan police jail from December 3 (11:30 am) to December 4 (8:00 pm)
LAWYER CERA SAID THAT SENIOR INSPECTOR ANCHETA WHO WAS THE DESK OFFICER ON DUTY AT THE TIME OF THE INCIDENT DID NOT QUESTION OR CONDUCT AN INVESTIGATION ON THE INCIDENT PRIOR TO THE PREPARATION AND ENDORSEMENT OF THE CHARGES OF USURPATION OF AUTHORITY, RESISTING ARREST AND ASSAULT ON PERSON IN AUTHORITY FILED BEFORE THE OFFICE OF THE CITY PROSECUTOR IN DAGUPAN CITY.
HOWEVER, THE CITY PROSECUTORS’ OFFICE EVENTUALLY DISMISSED THE COMPLAINT.
QUINTO AND MORILLO ARE ALSO PLANNING TO FILE A SEPARATE COMPLAINT AGAINST MAYOR BONAFE PARAYNO WHO THEY BELIEVE WAS THE ONE WHO ORDERED THE POLICE TO FORCE THEM OUT FROM THEIR RESPECTIVE OFFICES.
REACTING TO THE COMPLAINT, CANDELARIO, SAID HE RESPECTS THE ACTION OF QUINTO AND MORILLO.
“THAT IS THEIR RIGHT IF THEY BELIEVE WE HAVE NOT ACTED AS THE LAW REQUIRES BUT WE ALSO MAINTAIN THAT WE PERFORMED OUR DUTY AS MANDATED BY THE LAW”, SAID CANDELARIO.
CANDELARIO CONFIRMED THEIR PLAN TO SEEK A MOTION FOR RECONSIDERATION ON THE DISMISSAL OF THE CASE OF USURPATION, RESISTING ARREST AND ASSAULT OF PERSONS IN AUTHORITY AGAINST THE TWO BARANGAY OFFICIALS AND TO ASK THE CITY PROSECUTOR TO INHIBIT IN HEARING THE CASE. LAP/LVM/HILDA AUSTRIA/RMA