Security guard Rolly Panesa today filed a petition for partial review in response to the Department of Justice’s resolution absolving high ranking officials of the Armed Forces of the Philippines and the Philippine National Police from any accountability and responsibility in the crime they were charged with. Panesa’s petition for partial review was filed on the ground of grave abuse of discretion of the investigating prosecutor.
Security guard Rolly Panesa today filed a petition for partial review in response to the Department of Justice’s resolution absolving high ranking officials of the Armed Forces of the Philippines and the Philippine National Police from any accountability and responsibility in the crime they were charged with. Panesa’s petition for partial review was filed on the ground of grave abuse of discretion of the investigating prosecutor.
The DOJ dropped respondents Maj. Gen. Alan Luga, Maj. Gen. Eduardo Del Rosario, P/Csupt James Andres Melad, P/SSUPT Manuel Abu, and P/CINS. Reynaldo Mendoza arguing that Panesa failed to specifically allege their participation in the crime charged. It likewise absolved lawyer Alex Alberto Popanes of the Judge Advocate General office (JAGO) for the crime of incriminatory machination. The DOJ also found no probable cause to indict Col. Generoso Bolina, and military “witnesses” Luis Grajo Rayos, Michael Rojo Alvarado and Erwin Rosales of perjury.
In its resolution, the DOJ said there is violation of the anti-torture law by these state security forces but at the same time clarified there is no physical torture, as defined under the law. The injuries sustained by Panesa, the resolution said, were merely “superficial much less not severe.” It also said that “it (the DOJ) is not persuaded that there is mental torture at the time of arrest because complainant could not accurately recount what happened after his arrest.”
“It is a clear and established fact that Panesa was harassed, intimidated and tortured not only mentally and psychologically but also physically to force him to admit he is “Benjamin Mendoza”. His badly beaten face is a telling evidence that he was heavily tortured, while being interrogated by the PNP and the AFP,” Karapatan chairperson Marie Hilao-Enriquez said.
Meanwhile, P/Insp. Bonifacio Guevarra, SP01 Christopher E. Flores, P02 Ariel Dela Cruz, P02 Joseph M. Fernandez are indicted for less serious physical injuries, violation of section 4b (mental and psychological torture) of the anti-torture law (RA 9745), violation of the rights of arrested persons (RA 7438) and grave coercion.
“The DOJ’s resolution shows how sham the anti-torture law is. This is how the government commemorates today, June 26, the International Day in Support of Victims of Torture. The high ranking officers of the AFP and the PNP has obvious knowledge of and acquiescence to the arrest and torture of Panesa. They were the brains behind the arrest of Panesa. They even bragged about the capture of this supposedly high-ranking NPA commander with a 5.6 million-peso bounty. But of course, this is not impunity as far as the BS Aquino government is concerned,” added Enriquez.
On January 2014, the former 5th division of the Court of Appeals granted the petition for Writ of Habeas Corpus filed by Panesa. The Court ruled that Rolly Panesa is NOT “Benjamin Mendoza”. Respondents questioned the Court’s decision and filed a motion for reconsideration.
On September 2013, Panesa filed a complaint for violation of the Anti-Torture Act, Violation of Rights of Persons Arrested, Unlawful Arrest, Incriminatory Machination and Perjury against Maj. Gen. Alan Luga, Maj. Gen. Eduardo D. del Rosario, P/CSupt. James Andres B. Melad, P/SSupt. Manuel M. Abu, Col. Generoso Bolina, P/CINS. Reynaldo Mendoza, P/Ins. Bonifacio Guevarra, SP01 Christopher Flores, P02 Ariel Dela Cruz, P02 Joseph M. Fernandez, P01 Ellior De Lima, Luis Grajo Rayos, Michael Rojo Alvarado, Erwin Rosales and Atty. Alex Alberto Popanes.
Hilao-Enriquez said Karapatan supports this move by Rolly Mira Panesa, “who is clearly a victim of torture. Torture by any form and whatever circumstance a victim maybe must not be applied to anyone. Several of the political prisoners now languishing in jail have been tortured. Therefore, we raise our voices to STOP TORTURE AND FREE ALL POLITICAL PRISONERS.”###