To arrest persons with warrant of arrest is a duty of a police officer assigned to do the task. In fact, he must do so without purpose of evasion.
But to abuse the exercise of the power to arrest in compliance of the duty results in a crime, administrative violation and civil damages.
Four policemen from the warrant section of the Calamba City Police Station displayed the arrogance of a bully and the mantra of uneducated when they arrested Junep Ocampo, a former sports editor of Abante Tonite who is still considering himself as a journalist and a social media activist.
The cops, particularly those assigned at the warrants section of a police station, are presumed to be educated that they are not permitted to use brute force if the person to be arrested is only politely verifying the authenticity of the copy of a warrant of arrest being presented and the genuineness of the persons presenting as arresting officers as to whether they are true cops or not.
These cops were identified as SPO1 Gregorio Oruga, SPO1 Ferdinand Mailom, PO3 Ronald Suelto and PO3 Anastacio Motas Jr.
In the morning of 22 June 2016 four (4) policemen from the Police Station of Calamba, the birthplace of national hero Jose Protacio Mercado Rizal y Realonda, knocked on the house of Junep.
When the Muslim-native househelp of June opened the door, these cops looked for Junep and he immediately entertained the four men in civilian clothes.
Just after these cops introduced themselves as policemen and after they told Junep of the warrant of arrest for libel against the former Abante Tonite editor, he asked from the cops for their identification cards to ensure that these were not fake cops and he also pointed out to the policemen that the copy of the warrant of arrest they were showing him was a xerox copy.
Instead of presenting their IDs and showing an authentic copy of the warrant, these cops then bodily handled Junep by dragging him by the neck forcefully to their private vehicle.
This was noticed by Araceli, the wife of Junep, so she went out to see what was happening with her husband.
At the sight of his wife, Junep shouted to take video shots of the ongoing melee. Araceli failed to do so but their daughter on a terrace managed to take some shots.
At this instance, PO3 Ronald Suelto, one of the three cops who were left outside their vehicle, dealt the wife of Junep while the three other cops were handling Junep inside the car.
Thereafter, the cops left and went to the police station. His wife followed to the precinct.
Right on that day, Junep managed to post bail through the help of his sister.
However, despite the bail, he was not allowed by these policemen to be free. It turned out that the policemen filed a case of "resisting arrest and disobedience" against Junep. So that Junep had to be continuously detained by these cops.
The prosecutor assigned at the nearby Office of the City Prosecutor approved the charge filed by these police officers and Junep posted a bail of PhP2,000.00 and the order of release was issued by the Municipal Trial Court in Cities of Calamba on the next day.
While being held, Junep was placed along with other persons with charges inside the detention cell of the police and he slept for one night on the floor of the jail.
It was so clear that there was no act of resisting arrest and the acts of the cops in filing that case against Junep was to maximize the pain on him, considering the suspicion on the part of Junep that these policemen were bribed by his fake brother-in-law who his sister charged with a criminal case of bigamy because that fake brod-in-law married his sister when that fake brod-in-law was already married to other women.
The warrant of arrest for libel against Junep was issued because of the complaint for libel filed by his fake brother-in-law.
The putative brother-in-law filed the libel case because Junep posted on Facebook the copy of the warrant of arrest issued by the RTC of Lucena, Branch 57, against Mr. Ramon Boado y Jaramilla and that Junep captioned the same warrant with these comments: (a) "OFW WANTED FOR BIGAMY"; and (b) "I HAVE PERSONAL KNOWLEDGE OF THIS PERSON...KINDLY SHARE PO PARA MA-WARNING ANG LAHAT, MARAMING SALAMAT PO."
Despite the clear lack of libel because it is proved that the warrant of arrest was true, the Office of the Provincial Prosecutor of Antipolo elevated the complaint of Boado to the RTC of Antipolo and the same was raffled to Branch 97 that ironically found probable cause for libel.
With these circumstances as the background prior to his arrest, Junep strongly believed that these four (4) cops were paid to locate him, arrest him, and cause him harm that were not necessary in arresting him.
Additionally, Junep thought that the four police officers should have no interest against him but why were they causing unnecessary pain on him cannot be explained by anything other than bribe money from the person interested in his arrest.
Not to be contented, these cops also filed a case of "direct assault" and "obstruction of justice" against the wife of Junep, upon the claim of all the four cops that they saw Araceli smashing on PO3 Suelto. This is ridiculous to be believed in because these four cops did not even arrest Araceli. If the cops did not arrest Araceli, it means that Araceli was not caught in the act of committing a crime. And if she was not committing a crime because these cops did not even arrest her, it means that it was not true for these cops to claim now that Araceli was committing a crime when the cops arrested her husband.
Anyway, Araceli submitted her counter-affidavit at the Office of the City Prosecutor of Calamba during the hearing in the afternoon of 20 July 2016, where she insisted that it was illogical for the four (4) cops to claim she committed a crime when she was not even arrested.
Anyway, Junep wrote the Philippine National Police (PNP) Chief, Director General Ronald "Bato" Dela Rosa, complaining about these four (4) cops.
See below the documents material to the instant blog, to wit:
The letter Junep submitted to General Bato is this:
The counter-affidavit that was executed and submitted by Araceli is posted hereunder, to wit: