(Eagle News) – The Manila City Prosecutor’s Office has set for preliminary investigation the cases filed against expelled Iglesia Ni Cristo member Lowell Menorca II by the police officers who had tried to arrest him on January 20.
In a review resolution it had issued, it said that the case of resisting arrest filed against Menorca, and the cases of direct assault and obstruction of justice filed against his bodyguard Felixberto Eslava needed further clarification.
According to Jovencio Senados, chief of the Manila’s inquest division, he reversed the recommendation of the inquest officer, Atty. Cecilia Parallag, to forward the cases directly to the courts.
In his review resolution, Senados said “that further investigation of the above-captioned cases is necessary.”
“The above captioned cases were referred to this office for inquest on January 20, 2016 for alleged crimes of resisting arrest, direct assault and obstruction of justice. Complaining police officers were allegedly implementing a warrant of arrest against respondent/suspect Menorca when the latter showed resistance by pushing one PO2 Samson Sison. Respondent/suspect Eslava came to his aid by pulling Menorca away from the arresting officers and by throwing a punch at officer Sison. Another suspect, Jinky Otsuka Menorca, wife of Lowell was said to be taking a video of what happened and later grabbed from the police officers the warrant of arrest and a folder, which contains among others, the ID of one of the police operatives,” the resolution said.
While the inquest officer recommended “the filing of Direct Assault and Obstruction of Justice against suspect Eslava and the charge of resisting arrest against suspect Menorca,” Senados said he disagreed with this.
Senados said further investigation and clarification is needed in view of the complaints of Menorca and his camp regarding the arrest.
“The incident has been widely publicized. Footages of the incident have been aired on television showing the arresting officers in civilian clothes when they effected the arrest of suspect Menorca. To the mind of the undersigned, this explains the resistance of suspect Menorca and the subsequent aid and assistance offered by suspect Eslava. Accordingly, more clarification is necessary,” he said in his resolution.
This does not mean that the complaints had been junked. They merely needed to be investigated further, based on the contents of the resolution.
Menorca had already undergone inquest proceedings for “resisting arrest”.
His wife Jinky Seiko Otsuka might be included in the cases of obstruction of justice and direct assault, aside from his bodyguard Eslava.
Because of the review resolution, Eslava could be released from police custody, while Menorca would remain under custody because of the other criminal complaints he is facing.
The Manila Prosecutors’ Office has 60 days to resolve the case.
Meanwhile, the three police officers who filed a complaint against Menorca, as well as the station commander of Manila Police District’s station 10, Superintendent Ed Leonardo, have already filed their respective affidavits with the General Assignment Section of the Manila Police District headquarters.
They insisted that they followed the proper procedure in arresting Menorca.
“Mga tao natin nag-serve lang. Nagbabasa ng warrant e, nagpapakita ng ID. Inagawan ng ID. Gingrab ang kanyang ID. Parang ang inapi dun yung mga pulis natin e. (Our people merely served [the arrest warrant]. They just read the warrant, showed their ID. [But] their ID was grabbed from them. It looks like our policemen were the ones who were maltreated here),” Supt. Leonardo said.
Chief Insp. Arsenio Riparip of the MPD General Assignments Section, the police officer investigating the case, said the contents of the affidavits of the arresting police officers were very important in their continuing probe of the incident.
“There is a valid order coming from the proper court naman. Titingnan namin kung mayroon silang lapses. medyo mahaba-haba pa yung imbestigasyon namin. (We are looking if there were lapses. Our investigation could take a while),” Riparip explained.
But he stressed that they would be fair in the investigation even if those involved were their fellow policemen.
“Kami naman nasa gitna kami. wala kaming pinapanigan dito. (We are neutral here. We are not siding with anyone),” he said. (With a report from Jerold Tagbo, Eagle News Service)
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(Eagle News) — Sa inilabas na review resolution ng Manila City Prosecutors Office, pinasasailalim sa preliminary investigation ang mga kasong isinampa ng mga pulis na umaresto kay Lowell Menorca.
Ayon kay Jovencio Senados, hepe ng Inquest Division, binaligtad nito ang rekomendasyon ng inquest officer na si Atty. Cecilia Parallag na idiretso na sa hukuman ang mga nasabing kaso.
Kinakailangan aniya ng klaripikasyon sa nangyaring pag-aresto dahil na rin sa alegasyon ng kampo ni Menorca na hindi umano nasunod ang mga procedure ng pagkakaaresto at may banta umano sa kanyang buhay.
Kahapon, isinailalim na sa inquest proceeding si Menorca sa kasong resisting arrest.
Habang sabit rin sa reklamong obstruction of justice at direct assault ang asawa nito na si Jinky at ang bodyguard na si Felixberto Eslava.
Dahil sa review resolution, maaring makalaya si Eslava habang posibleng manatili pa sa kustodiya ng pulisya si Menorca dahil na rin sa ilan pang reklamong kinakaharap nito.
May 60 araw ang piskalya para maresolba ang kaso.
Samantala, nagsumite na ng affidavit sa General Assignment Section sa Manila Police District headquarters ang tatlong pulis na nagsampa ng reklamo laban kay Menorca at maging ang station commander ng MPD Station 10 na si Supt. Ed Leonardo.
Muling iginiit nito na nasunod ang mga proseso sa pagkakaaresto kay Menorca.
“Mga tao natin nag-serve lang. Nagbabasa ng warrant e, nagpapakita ng ID. Inagawan ng ID. Gingrab ang kanyang ID. Parang ang inapi dun yung mga pulis natin e,” sabi pa ni Supt. Leonardo.
Para naman sa opisyal na tumututok sa imbestigasyon, mahalaga ang mga nilalaman ng affidavit ng arresting team sa kanilang patuloy na pagsisiyasat sa insidente.
Sinabi pa ni Chief Insp. Arsenio Riparip of the MPD General Assignments Section, ang opisyal na tumututok sa nasabing imbestigasyon, aalamin nila kung may naging “lapses” o pagkukulang ang mga arresting police officers sa insidente.
“There is a valid order coming from the proper court naman. Titingnan namin kung mayroon silang lapses. medyo mahaba-haba pa yung imbestigasyon namin,” paliwanag pa ni Riparip.
Tiniyak rin nito na magiging patas kahit kabaro pa nila ang isinasailalim sa imbestigasyon.
“Kami naman nasa gitna kami. wala kaming pinapanigan dito.
(Jerold Tagbo, Eagle News Service)