The Office of the Ombudsman has cleared policemen of criminal liabilities in the “mistaken” arrest of a Davao-based journalist in June 2019.

“The criminal charges against respondents are dismissed,” said Ombudsman investigators in a resolution approved by Special Prosecutor Edilberto Sandoval on September 7, a copy of which was received by Margarita Valle’s lawyers on October 26.

The Ombudsman found that the policemen enjoyed presumption of regularity in their arrest and hours-long detention of Valle, and their eventual release of the journalist after owning up to a mistaken identity showed that the arrest was “not for any evil purpose.”

But the arresting team leader, Captain Moh Madzie-Aziz Mukaram, and the cop who approved the operation, Colonel Tom Tuzon, were found administratively liable for simple neglect of duty and were suspended for 3 months without pay.

“This Office finds that there was negligence in the execution of the warrants of arrest and treatment of complainant,” said the investigators.

Cops said Valle resembled the subject of their warrant of arrest, who was a certain Elsa Renton wanted for murder. Valle, however, claimed she was a “clear target” of state harassment to silence critics of human rights in the country, especially in Mindanao.

“The arrest was a clear case of mistaken identity. If complainant remained in detention despite the negative identification of the police witness then the offense charged is proper. But such is not the circumstances in the present case,” said the Ombudsman resolution.

Presumption of regularity

Valle filed complaints of kidnapping, serious illegal detention, torture, violation of rights of arrested persons, and gross misconduct against the Criminal Investigation and Detection Group (CIDG) team that arrested her at the Laguindingan Airport in Misamis Oriental on June 9, 2019.

Valle also sued police top officials, like former chief  General Oscar Albayalde and former police spokesperson Colonel Bernard Banac for being “principals by inducement.”

Ombudsman investigators cleared Albayalde and Banac because there was “no evidence that Albayalde ordered complainant’s arrest.”

Ombudsman investigators said there is presumption of regularity because policemen were acting on legal orders – or on the power of an arrest warrant – when they picked up Valle whom they thought was Renton.

“The operation was supported by valid grounds. Albeit there was a mistaken identity, the perceived deprivation of liberty of complainant was not for any evil purpose,” said the resolution. – Rappler.com