CA grants Ted Failon plea for admin raps vs. two PNP generals

The Court of Appeals has ruled that two Quezon City police officers should face administrative charges for arresting without warrant relatives and househelpers of broadcaster Ted Failon - Mario Teodoro Failon Etong in real life - in connection with the death of his wife.

 

In a nine-page ruling, the Court of Appeals Special Former Fourth Division partially granted the motion for reconsideration filed by Failon seeking to overturn a decision by the CA in February 2014 junking the broadcaster's plea against the lawmen.

 

Citing the doctrine of command responsibility, the CA said in its latest ruling there was enough evidence to hold Chief Superintendents Roberto Rosales and Elmo San Diego administratively liable for the warrantless arrests of the helpers on April 16, 2009. 

 

In its latest ruling, the CA said that Rosales and San Diego “failed to take preventive or corrective action when their subordinates performed an act which later was adjudged to be irregular.” 

 

“Given this finding, and considering that they can be charged with knowledge of said unlawful act of their subordinates, we submit that there is cause to hold them for trial for violation of the provisions of Executive Order 226,” the ruling further said.

 

In its original decision in February, the CA because a separate appeal of a National Police Commission (Napolcom) ruling has yet to be "settled and become final" at the time.

 

Apart from Rosales and San Diego, the other police officers charged by Failon were Superintendents Franklin Moises Mabanag and Gerardo Ratuita; Chief Inspectors Enrico Figueroa, Cherry Lou Balanay Donato, and Roberto Razon; Senior Inspector Jay Borromeo, Inspector Erlinda Garcia and Police Officer 2 Joycelyn Marcelo.

 

The police officials and officers were accused of illegal arrest in violation of Executive Order No. 226 or the "Institutionalization of the Doctrine of Command Responsibility in all Government Offices, particularly at all levels of command in the Philippine National Police and other Law Enforcement Agencies," for neglect of duty.

 

The Napolcom decision, dated June 22, 2009, found several Quezon City police officials liable for grave misconduct because the warrantless arrests of Failon's relatives and househelp were deemed illegal.

 

"Since the issue on the legality of the warrantless arrest is not yet settled and established with finality and the issue in the case at bar tackles only the administrative liability of the respondent for violation of E.O. 226 under the doctrine of command responsibility, for neglect of duty, this court finds no cogent reason to hold the respondents administratively liable for violation of E.O 226 because there is no showing from the records of this case that the subordinates of the respondents committed negligent acts," the CA said.

 

The petition was filed by Failon, his sister-in-law, and his househelpers. The househelpers were arrested on April 16, 2009 for alleged violation of Presidential Decree No. 1829 (Obstruction of Justice).

 

Failon's relatives, meanwhile, were arrested at the New Era Hospital on the same day and brought by members of the Crime Investigation and Detection Unit of the Quezon City Police District for inquest proceedings. The obstruction of justice charges were eventually dismissed.

 

Failon' wife Trinidad was rushed to New Era General Hospital in Quezon City on April 15, 2009 after she was found lying in a pool of blood inside their house in Tierra Pura Homes, also in Quezon City.

 

She died the next day in the same hospital. Her body was cremated on April 22, 2009, at the Arlington Memorial Chapel crematory. —NB, GMA News