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Bacolod City, Philippines Friday, March 9, 2007
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MISTAKEN IDENTITY
'Fugitive' files multiple
charges vs. 3 policemen

A farm worker in Cadiz City who was mistaken for a "fugitive" has filed criminal complaints against three police officers, including the police chief of Cadiz, and five members of the Civilian Volunteer's Organization before the Ombudsman for the Militiary.

Romeo Baldevarona, provincial head of the Commission on Human Rights, said complainant Marcelino Palomo lodged complaints of arbitrary detention, grave abuse of authority and grave misconduct against Chief Inspector Jefferson Descallar, police chief of Cadiz City.

Marcelino said he was arrested last month by the Cadiz police after being mistaken for Romeo Palomo, one of the most wanted persons in Western Visayas with a bounty of P70,000 for his arrest, in Brgy. Andres Bonifacio, Cadiz City.

Baldevarona said Palomo also filed complaints for grave abuse of authority and violation of RA 7438, or rights of an arrested and detained person, against Supt. Cornelio Defensor, chief of the Western Visayas Regional Investigation and Intelligence Division.

On the other hand, PO1 Richard Lampon was also charged with grave misconduct and unlawful arrest, which also included the five CVO members who accompanied the Cadiz police and Defensor in arresting Palomo.

CHR investigations show that Marcelino was arrested by Defensor, Descallar and his men and brought to Camp Alfredo Montelibano Sr. in Bacolod City, and the Police Regional Office 6 in Camp Martin Delgado, Iloilo, despite the insistence of his family members and that of Andres Bonifacio Brgy. Capt. Enrique Lamoste that it was a case of mistaken identity.

The family of Palomo even presented to the police his baptismal and school records, as well as a copy of his marriage contract to dispute their claims that he is fugitive, but these were not considered.

Marcelino was released by the Cadiz police after they had verified that he was not the fugitive they are looking for.

Baldevarona said he has already furnished Descallar copies of the complaints filed against him by Marcelino before the Ombudsman for the Military. Senior Supt. Rosendo Franco, provincial police director of Negros Occidental, said the Palomo family have the right to file complaints against Descallar. "We cannot blame them if they will pursue charges against our policemen who were just doing their job in good faith," Franco said. CHR investigations also showed that a mug shot of Marcelino labeled with a crime he allegedly committed was also taken by the police.*GPB

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