PUNKS 11 FILE CHARGES AGAINST PNP FOR VIOLATION OF RIGHTS

The PUNKS 11 that the Philippine National Police (PNP) falsely accused as members of the New People’s Army who participated in the raid of an Army detachment in Cabiten, Mankayan last February 10, 2006, filed charges against elements of the PNP who arrested and detained them last February 14, 2006. Said PNP elements falsely charged the PUNKS 11 with robbery with homicide and arson in relation to the above stated raid.

In their affidavit-complaint submitted with the Benguet Prosecutor’s Office states that the following PNP officers violated their rights as stated in the 1987 Philippine Constitution and specifically as expressed in R.A. 7438:

a. PSupt. Brent M. MADJACO,
b. PSI Joseph Paulo BAYONGASAN,
c. SPO1 Alyson KALANG-AD,
d. PO2 Jonathan PUCYA,
e. PO2 Wendell B. BAGLAO, and
f. PO2 James M. AYAN Jr.

The Bill of Rights (Article III of the Constitution) particularly Section 12 provides that:

“Sec. 12 (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means, which vitiated the free will shall be used against him. xxx

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence. (Section 17 refers to the right against self-incrimination.)

(4) The law shall provide for penal and civil sanctions for violation of this section as well as compensation to and rehabilitation of victims.”

R.A 7438 or AN ACT DEFINING CERTAIN RIGHTS OF PERSONS ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION, approved on 15 May 1992, reiterated these rights and exactly enacted to give life to Section 12 (4).

In their affidavit-complaint, the PUNKS 11 charged the said police officers of “conspiring and confederating together and mutually helping one another, willfully, unlawfully and feloniously failed, refused to grant, and deprived” them of their rights under Section 2 of R.A. 7438. It further stated, “at the time of their arrest and during detention, the said respondents failed to effectively inform them of their rights under Section 2 of R.A. 7438 and did not also provide them with competent and independent counsel as mandated by law and to which they should have been entitled to at ‘all times’ under the law.”

The PUNKS 11 hope that through their efforts of gaining justice from the brutality they suffered under the PNP, it would serve as a lesson for the PNP and other erring public officers. If convicted they could suffer a penalty of not less than six years but not more than 8 years of imprisonment.

They are assisted by the Free Legal Assistance Group (FLAG) led by veteran human rights lawyer Pablito V. Sanidad, Rene A. Cortes, Noe E. Villanueva, Jose M. Molintas, Randy G. Kinaud, Eric G. Santos and Joris-Karl B. Dacawi.

March 31, 2006

Reference:
Beverly L. Longid
Cordillera Human Rights Alliance
Vice-Chairperson