The police officers in the abduction, torture and illegal detention of security guard Rolly Panesa failed to attend today’s arraignment at the Municipal Trial Court-Calamba City for charges of "less serious physical injuries". The Court ordered the issuance of a warrant of arrest for the four police men and cancelled their bail. The filing of "less serious physical injuries" case was based on the resolution issued by the Department of Justice (DOJ) on June 11, 2014.
The police officers in the abduction, torture and illegal detention of security guard Rolly Panesa failed to attend today’s arraignment at the Municipal Trial Court-Calamba City for charges of "less serious physical injuries". The Court ordered the issuance of a warrant of arrest for the four police men and cancelled their bail. The filing of "less serious physical injuries" case was based on the resolution issued by the Department of Justice (DOJ) on June 11, 2014.
On September 4, 2013, upon his release, Panesa filed charges before the DOJ against all those involved in his abduction and torture under the Anti-Torture Act, Violation of rights of arrested persons, unlawful arrest, incriminatory machination and perjury.
It must be stressed that all those who acquiesced, consented and participated in the abduction and torture of Panesa, including high ranking officials, must be indicted and be held accountable,” said Cristina Palabay, Karapatan Secretary General.
However, the DOJ, in its June 2014 resolution, downgraded the case to “less serious physical injuries” and charged only four of the named respondents: Insp. Bonifacio Guevarra, SPO1 Christopher Flores, P02 Ariel Dela Cruz and P02 Joseph M. Fernandez. 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.”
The DOJ dismissed the complaints against Lt. Gen. Alan Luga, Maj. Gen. Eduardo Del Rosario, P/C Supt James Andres Melad, P/S Supt Manuel Abu, Capt. Alberto Popanes for insufficiency of evidence; while charges against Col. Generoso Bolina, Luis Grajo Rayos, Erwin Rosales, Michael Rojo Alvarado were dismissed for having been filed prematurely filed.
On June 26, 2014, security guard Rolly Panesa filed a petition for partial review on the ground of grave abuse of discretion of the investigating prosecutor. Almost a year later, the petition is still pending before the DOJ even as it is already submitted for resolution.
The dismissal of the complaint against high ranking police and military officials leads to miscarriage of justice. The police officers in the complaint are clearly acting based on the chain of command. Justice will only be truly served if the DOJ will resolve the petition for partial review and criminally charge in court those they dropped in the complaint,” said Palabay. ###