PNP-RIAS files admin case vs 3 cops behind Jade Castro arrest

The Philippine National Police's Regional Internal Affairs Service (PNP-RIAS) has filed an administrative case against three policemen over the warrantless arrest of film director Jade Castro and three others for the alleged burning of a mini bus in Catanauan, Quezon.

This was confirmed by Police Regional Office 4A Public Information Office chief Police Lieutenant Colonel Chitadel Gaoiran to GMA News Online.

“Meron nga daw po. Para po malaman kung may lapses doon sa pag aresto,” she said.

(Yes, there is. To know if there are lapses in the arrest.)

The announcement was initially made by Castro’s lawyer Mike Marpuri during a briefing on Tuesday.

“I got a phone call just this morning from PNP-RIAS… na they filed motu proprio administrative cases against the chief of police, the investigator, and the arresting officers,” Marpuri said.

Marpuri identified the officers as Police Captain Daniel Dela Cruz, Police Senior Master Sergeant Jonjon Pordan, and Police Corporal Christian Abenilla. He said the preliminary hearing has been set for Friday.

Catanauan Regional Trial Court (RTC) Branch 96 has granted the motion to quash filed by Castro’s camp, effectively dismissing the destructive arson charge against them.

It said it cannot acquire jurisdiction over Castro, Ernesto Orcine, Noel Mariano, and Dominic Ramos as the Catanauan Municipal Police Station (MPS) “arrested them not in accordance with Section 5(b), Rule 113 of the Rules of Court.”

However, the Court said the order does not prevent the filing of another case against them.

“Well, prerogative naman ‘yun ng pulis, even the fiscal and the private prosecutor. Because we already expect na mag fa-file nga sila ng motion for reconsideration,” Carmela Peña, another member of Castro's legal team, said.

Asked if they plan to file counter charges, Marpuri said they are still weighing their options.

“As to whether Direk Jade and his friends will be filing counter-charges, we’re still in the process of deciding. Because after all, it’s their choice,” he said.

PNP's Regional Office Region 4-A (PRO 4A) on Tuesday said it will re-file destructive arson charges against Castro and his colleagues.

Article 125

Human rights lawyer Chel Diokno, another member of the legal team assisting Castro and his colleagues, called on Justice Secretary Jesus Crispin Remulla to mandate prosecutors to better explain Article 125.

“Tingin ko madali ma-solve yung problema na 'yan kung magbaba ang Secretary of Justice ng isang directive na dapat sa pagpapaliwanag ng prosecutors sa mga na-inquest ay dapat kasama diyan yung explanation kapag sila ay pipirma doon sa waiver,” he said.

This was after Castro said they were only told to put their testimony into a counter affidavit. He said the prosecutor did not explain about the waiver.

“Doon po kami pumirma sa meron kaming chance mag-explain kasi naniwala kaming matibay yung aming ebidensya para sa sarili namin. Meron kaming credible witnesses at ‘yun yung sinasabi ni fiscal the whole time na kailangan po namin ilagay in writing,” Castro said.

“‘Yun lang naman sinabi niya eh. At kaya doon na po kami pumunta. Yun lang po ‘yung pag kakaintindi namin dahil ‘yun lang po ‘yung pagkakapaliwanag sa amin,” he added.

According to Peña, Article 125 states that if you are arrested without a warrant, police officers only have a limited time to detain the arrested individual.

She said that in the case of Castro, they were only allowed to be detained for 36 hours.

“From the time po na na arrest sila hanggang sa 36 hours dapat meron na pong kaso na nai-file sa court… Kapag hindi po yun pasok sa 36 hours, ibig sabihin po, may krimen nang nangyari. Arbitrarily detained na po sila Jade. Pwede nang kasuhan ‘yung mga pulis pati si piskal,” she said.

Peña said that if you waive Article 125, you are saying that you can be detained even after 36 hours.

“Effectively, sinasabi mo wala nang period, wala nang 36 hours. Walang deadline si fiscal na i-file yung case sa court. Pwede kang mag decide fiscal, indefinitely. At habang nag dedesisyon ka, andito ako sa kulungan,” she said.

“Kung hindi po sila nag waive, pag lampas nung 36 hours, dapat na-release na sila,” she added.

Meanwhile, Marpuri called on the DOJ to look into the prosecutor who handled the case.

"Habang nag hot pursuit operation yung mga pulis, they were asking the prosecutor and then after they were illegally arrested, they were brought to the prosecutor's office for inquest. The same prosecutor yung inquest prosecutor... siya pa 'yung handling prosecutor ngayon,” he said.

In April 2023, Remulla ordered prosecutors of the National Prosecution Service to take an active role in the investigation of certain crimes, particularly during the case build-up.

Just recently, Remulla issued a circular that public prosecutors are prohibited from taking part in any proceeding where conflict of interest is present or their impartiality may be questioned. 

Destructive arson

Peña called on the Senate and the House of Representatives to look into the destructive arson case filed against the four.

She said that destructive arson can only be committed if you cause the destruction of a train, a boat, or an airplane.

“Wala yung mini bus, wala ‘yung kahit anong public transportation na naglalayag sa highway. So isa ito sa dapat tignan ng Kongreso. Kasi merong butas ‘yung batas. Dahil ‘yung batas specific, inenumerate niya ‘yung mga public transportation lang na mag fall under destructive arson,” she said. — BM/KBK, GMA Integrated News