I am relating the facts that happened at the police precinct substation 10 located at Marcos highway Dontogan Baguio city.
That I am accusing Police station commander and others who were involved for illegal arrest, abuse of authority and a violation of my constitutional rights, that I was deprived of my liberty without due process of law under RA 7438, the revised penal code and the rules of court.
The facts of the case:
That at about 3:30pm, I was at home attending to my orchid plants, and then I noticed someone is looking around my front yard a few steps from the main door of my house with a long bag slung on his shoulder. I ask the man what is his purpose and why he is at my place and he told me if there is a way going to the other side of the road pointing the direction of Balacbac Road. I told him that he entered a private property. I ask him further if he read the No Trespassing sign but he just keep looking at me. This made me suspicious because he has also a long bag with him so I told him to go back where he came from. I followed him secretly, then I saw he is with a lady companion who was picking flowers inside my compound along the way as they exited,
I shouted at them to stop but they rushed out of my gate and as they passed by the car I am entrusted, I saw the woman hit the car with a stone and tore the car cover before going away.Prior to that, the daughter of Erwin San Luis saw her tore the car cover and was looking inside before they entered my property since the car is parked beside their house.
I ran after them and realized the woman is F S but her companion is unknown to me. So I shouted to her as she is around fifty feet away while his companion stayed behind to prevent me from further approaching her. What’s your purpose in coming to my place I keep shouting to her as she was moving away while the man kept on pushing me back, so we grappled together for the possession of his bag that contains a metal object. I suspect it is a fire arm and he is trying to unzip it. When the man knew that she is nowhere to be seen, he pushed me and started to walk fast in the direction of the main road at Green Valley where the woman went He disappeared leaving his companion alone after she ask the assistance of the police, attempts to locate him was futile she even denied his whereabouts.
I keep shouting so that the people who are playing at the basketball court will witness what is happening. The woman in the meantime was shouting invectives while she is getting away to watch out for me because I am a thief and she keep on repeating her accusations several times for my neighbors to hear, so that it was her instead who shouted slanderous language against me in the presence of several people. She even have the nerve to command them to beat me.she told the men playing basketball.
The claim of the woman that I threw a stone at her has no basis and it’s not true because I was preoccupied grappling with her male companion. Besides there were people who can witness that there was no stone thrown to her or a gun was ever poke on her since she is very far from where I was. If I had a gun at that time it would be her male companion it was directed because he was preventing me from pursuing the thief and vandal as well as a trespasser.
The claim also of the policemen that they arrested me while the incident was going on at around 4:30 pm is a lie since that was the time the woman and her male companion were long time gone already from the place of incident near my residence. I was at home then during that time as shown by my sent messages to the NBI regarding the sighting of a suspicious individual spying at my residence more than an hour ago. This text message was sent at 5:15 pm after the incident that happened hours earlier.
The truth is I went back to my house after the incident and had a snack since I was hungry many people saw me going back. I also took a bath and changed my clothes since I was wearing soiled garden attire, a white shirt and brown pants with black chinelas at the time of the incident and not the cloths I was wearing when they arrested me which is maong pants and blue polo shirt and brown shoes. The people at the basketball court will witness to that.
It was around 5:20pm hours after the incident that I went out. I took my licensed gun with me including the permit to carry. On my way to the barangay captain’s house, at about 5:30 pm, I met several policemen and the woman on my way to the barangay captain’s residence near the main road at Green valley. They took my licensed gun and told me to go with them to the police station. There were still several people around who saw the incident, a policeman ask one of those who saw the incident whom I ask to be one of my witness said that he was ask if I really poke a gun to the complainant and he shook his head saying no I did not poke a gun at her. So they arrested me without any personal knowledge of the incident, they just believed what the complainant said and disregarded everything. We were able to reach the place at around 5:40 pm.
That In the process of taking her statement they boasted to her that they responded with lightning speed and they need a Christmas bonus from her for the favor. These words came from Police officer from the station commander.
That the only time they took her statement when I was brought to the police station at around past 6:00 pm, not when the woman went to complain at their office at around passed 4:00 pm.
But before they finished taking her Statement they called for a break, they proceeded at the lower portion of the police office to have dinner with the complainant. After a while they came up and told me that we go for medical checkup. I told them to wait for my lawyer so I can make my request since my cell phone has no load and the battery is dead one of them was kind enough to get a load for me but the others would like rush up since I cannot make contact yet because I am still charging the cell phone.[ I was only able to contact my lawyer when I was incarcerated and the time of my detention has lapsed]. But they said never mind tell your problem to the court. We proceeded to Baguio general Hospital for check up. Then we went back to precinct Police station 10, I was hoping they will take my statement because I keep on insisting that it was the woman and his companion who violated my rights and what I did is to protect myself and property. But they refused to grant my request and told me they are sleepy. Prior to that I told the station commander of pcp 10 baguio city to take my statement because I am also complaining the illegal acts of the woman, that in truth I had no gun during the incident I was struggling with her companion and at the time the acts were being committed as alleged by the complainant. It is only after the incident that I went home and change my clothes and took with me my licensed gun with permit to carry for my self defense just in case since it’s getting dark.
That I told the policemen at precinct 10 headed that F S has no authority what so ever to meddle with my work but I am the one with full authority with a General Power of Attorney. I even told them that her claim to be the niece of my employer is not true and there is no blood relationship I have documents at home to provr these. But they just laugh at me. a police man at the precinct told me also that if you have any question, give them to the fiscal.
That I told the policemen that the woman is acting bizarre because she is so jealous that Mrs. Rumbaugh entrusted me her properties even her car and not to her but they told me I am making up these stories.
That I insisted many times to them to take my statement since I am also a complainant but they refused
That my constitutional right was violated under Article 125 of the revised penal code, RA 7438 and those found in the rules of court. In my case they told me I am guilty since I poke my gun at the woman without investigating if it’s true or not. The station commander said we don’t need to take your statement because you poke you gun at her, he was speaking as if he was a firsthand witness to the incident that happened between 3:00 t0 4:00 pm of November 18 2009 near my residence and then immediately arrested me thereafter which is a fabricated lie.
That they entertained the worthless documents and lies of the complainant. When I requested that I will be accompanied by them to my residence so that they will see the destruction of the woman proving that she and her male companion are trespassers, thieves, vandals and a slanderer also there are witnesses available to prove I did not commit a crime but it was all in futility, so I believe there was prior agreement between these policemen and the complainant to frame me up as shown by the spot report and their affidavits as well as the surrounding circumstances which is full of inconsistencies specially the following;
1] The time of the arrest, they claim its 4:30 pm when in fact it is hours after. It was long way after the incident that the arrest was done and without warrant. The truth is many of the witnesses are within the vicinity that saw what happened and were questioned by the policemen, if I did really poke a gun at the complainant and they said no, that they saw no gun with me at the time of the incident. But these policemen were only interested in arresting me and not the solution of the crime committed. If only they listened to some of the witness to the incident it should have been the woman that was in quested. But these police officers have not used prudence since they were more interested in the Christmas bonus from from the complainant.
2] That the sworn statement of the woman dated November 18, 2009 is pre signed by the city prosecutor, since during the preparation of her statement until her signing at precinct 10 the complainant and me were there all the time until around 9:30 pm. So she could not possibly go out to see the fiscal.
3] That the arrest was not immediate as stated in the affidavit of the police men, in fact it was done hours later, and furthermore they did not even see the incident. The date that they witnessed the incident and the arrest according to their affidavit was October 31 2009, which only shows that these policemen are good in fabricating dates and time to suit their interest.
4] The receipt of my licensed gun that they took last November 18 2009 should state the exact date and time they took it and have it in their custody, but why was it dated November 19, 2009 a day after they took my gun. Why did they changed the date?
That I informed them to talk with the nbi assigned to the case of f.s. for estafa but Police the officers refused to answer a call I made to this NBI officer. Instead they accused me by saying; I poke a gun at the complainant as if he was present at the time of the incident at around 3:00 to 4:00pm. Right at his desk he told me I am guilty which violates constitutional principles.
That I told them I am a freelance journalist so they will consider my position that the complainant is making up what she told them. But they simply are turning deaf ears to me.
That I told them to contact cidg,PCP 4 at EPZA or nbi to verify the background of the complainant who is accusing me but they just simply ignored my request.
That they refused to listen to me and favored the woman that trespassed my place steal my flowering plants and destroyed the car cover of the fortuner I am using and hit it with a stone. They believed the story of the sexy woman without looking into the root cause of the incident and there is ample time to do it.
That the woman has other purpose more sinister in spying at my place. She really meant to harm me and my family because a woman from Abra province reported to the NBI that she overheard her contacting a gun for hire to kill me. She was even showing my picture to people in abra that I am a bad person.
With all of these things that happened to me by officers of the law who simply do not know the rights of human beings should be dealt with severely and accordingly so that innocent people will not be in jeopardy because of their biased views especially when they are given favors in cash or in kind. They are leeches who take advantage of situation to milk people who are accused of a crime.
Because of a policeman’s wrong perception of people and crime incidents, I was being paraded in public with handcuffs seen by many people is a humiliation beyond my acceptance. It has a wrong repercussion in my memory pulling me down to the category of beasts. An officer of the law who abuses their authority then trample on my freedom has no place in law enforcement but should be relegated to civilian duties. Deprivation of my liberty even for a moment out of mistake can be understandable but if it was done with malice it is unacceptable.
The undersigned wishes to Request for their suspension while the case is pending to prevent undue influence by these policemen against my witnesses.A case in now being prepared against these police men as of this time. the accused is out on bail.
