Tuesday, July 15, 2008

Adaza to file charges at the Ombudsman against PNP

Miami
July 15, 2008
Story 2: Adaza to file charges at the Ombudsman against PNP


A well-known lawyer strikes back at the Philippine National Police (PNP) after he was arrested on alleged proposing to commit a coup d ‘etat.

Atty. Homobono Adaza said he will file charges against PNP Chief General Avelino Razon and members of the Criminal Investigation and Detection Group (CIDG) and some private individuals for illegally arresting him and charging him cases that he did not do.

The cases that he will file are violation on RA 3019 or the anti-graft and corrupt practices act specifically on section 3A and 3E (Corrupt practices of public officers) and Section 4B (Prohibition on private individuals); violation on RA 6713 or Code of conduct and ethical standards for government officials and employees; violation on RA 4200 or an act to prohibit and penalize wire tapping and other related violations of the privacy of communication; violation of Article 124 or Arbitrary detention and Article 125 or Delay in the delivery of detained persons to the proper judicial authorities of the Revised Penal Code.

Adaza still insists that the way they were arrested is illegal and those who arrested them do not know what were there case why they were being arrested, “They should know why they are arresting me. When they entered the room I asked them what were our case, it took 10-15 minutes before somebody answered that our case is proposing to commit a coup.”

He also added that those arresting officers has no personal knowledge of the case that is the reason why he will file violation on arbitrary detention.

He added that the case against them was not filed within 36 hours. “They filed the case Friday, July 4 at around 11:00 am where in the expiry of our detention is at 1:00 am of Friday.”

He will file case for violation on anti-wire tapping and other related violations of the privacy of communication because he said that the arresting personnel listened through a cellphone used inside by Joanna Laurilla, general Manager of Buenavista Island Resort in Marinduque. He said that Lauriall went there to confer with Lt. Col. Oscar Mapalo with regards to the security services of the OMT for the resort.

He will file case for violation of anti-graft and corrupt practices based on Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

And, causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

He will also file cases to some private individuals for violating also the anti graft and corrupt practices, “Because a private person inducing a public official to violate laws,” Adaza said.

Aside from Razon those who will be charged by Adaza before the Ombudsman are the following:

Chief Supt. Raul Castaneda, CIDG Director
Sr. Supt. Benito Estipona, Director for Operations, CIDG
Sr. Supt Asher Dolina, Chief Directorial Staff, CIDG
Sr. Supt. Rene Ong, Chief Intelligence, CIDG
Atty. Virgilio Pablico, Chief Legal Officer, CIDG
Atty. Raymund Fortun
Joanne Laurilla
Sr. Supt. Jacinto Malinao, Jr. Deputy Chief CIDG-SRU
Nazer Mangotara
Alberto Sombilon
Angelito Aguilan
Alejandro Flores
Eligio Navo
Resty Tuquero
Dioscoro Morano
State Prosecutor Emmanuel Velasco
Prosecutor Diosdado Salidum
Prosecutor Rosa Elmina Villarin


Note: Adaza arrived at the Ombudsman at around 2:30 pm and answered the questions of the press. But he failed to file the case because he noticed some typo errors on the content of his complaint. He said he would be back at around 4:30 pm to be able to file it. He failed to go back at 4:30 because according to him he will not meet the 5:00 pm deadline of the Ombudsman and he still on the process of printing his complaint. And said that he will file it anytime tomorrow.

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