4 Alcoy cops face trial for detaining man

FOUR police officers are facing trial for illegally detaining a man whom they suspected of stealing four goats in Alcoy town, southern Cebu.

The Office of the Ombudsman found probable cause to indict PO1 Leon Gesim, PO1 Gerlito Estremos, PO1 Abraham Quijano, and PO2 Raniel Cartin on charges of arbitrary detention.

Amelito Estillore, who was arrested by the respondents on Oct. 6, 2011, filed the complaint.

Based on the investigation conducted by the anti-graft office, the warrantless arrest made by the respondents was “without any legal ground.”

Under the Rules of Court, a warrantless arrest can only be implemented when the person to be arrested “has committed, is actually committing, or is attempting to commit an offense.” The arresting officer must have personal knowledge of facts that the accused committed a crime.

“Under the facts at bar, the respondents did not have personal knowledge of facts indicating that (Estillore) is one of those who committed the crime. It was another person who claimed to have seen the crime,” said graft investigation and prosecution officer Avelino Macamus Jr.

In his complaint, Estillore said he was sleeping in his house when PO1 Gesim and a barangay councilor arrived past 8 p.m. on Oct. 6, 2011. Gesim and the councilor invited him to the Alcoy Police Station.

When they arrived at the police station, Estillore said he saw two persons whom the police accused of stealing goats.

Estillore claimed that the two persons were forced by the respondents to implicate him. PO1 Quijano allegedly ordered Estillore’s arrest and that of the two others.

Estillore included in the complaint Alcoy Police Chief Reyco Romaguera though he was not at the station at that time, but the case was dropped.