Cadiz police chief Jefferson Descalllar who was slapped with a one month suspension without pay for simple misconduct by the Deputy Ombudsman for the Military, appears to be heading for more trouble.

The Office of the Deputy Ombudsman for the Military and other Law Enforcement Offices has also recommended his indictment for arbitrary detention and violation of section 4 of RA 7438, or Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation, a copy of its resolution furnished the DAILY STAR by lawyer Elvira Guanzon said.

Descallar and PO1 Richard Lampon, both members of the Cadiz police force, and Supt. Cornelio Defensor, then chief of the Police Regional Office 6 Intelligence and Investigation Division, were charged before the Ombudsman for the Military for grave misconduct, arbitrary detention and violation of RA 7438.

However, the Ombudsman for the Military dismissed the administrative and criminal charges against Defensor and Lampon for lack of probable cause, after complainant Marcelino Palomo executed an affidavit of desistance.

The charges against three policemen stemmed from the arrest in Hacienda Santa Ana, Brgy. Andres Bonifacio, Cadiz City in Feb. 10 last year of Palomo, who was mistaken by them for Romeo Palomo Jr., one of the most-wanted persons in Region 6 who has a reward of P60,000 for his arrest.

Descallar yesterday called his suspension for one month without pay “unfair”.

He maintained that he was just following an order from his immediate superior, apparently referring to Defensor, when they arrested Palomo.

Descallar claimed that he was instructed by Defensor to serve the arrest warrant to Palomo.

Defensor, on the other hand, said it was Descallar who informed him that they arrested Palomo and that he even inquired how much the reward was.

“I am a good soldier and trained to follow orders”, he stressed.

Despite his insistence, that, his family and Andres Bonifacio Brgy. Captain Enrique Lamoste, that he is not the wanted person, Descallar insisted that Palomo just using an alias.

Palomo said he was detained at the Cadiz City Police Station and was informed on his alleged arrest warrant secured from the PRO 6 headquarters in Iloilo City , where he was brought on Feb. 12.

Defensor said he ordered the release of Marcelino who was brought by Descallar to his office, after PO2 Rene Palomo, a relative of Romeo Palomo, informed him that he was the not wanted person.

Lampon, on the other hand, admitted inviting Marcelino to be investigated on the stabbing incident in Brgy. Andres Bonifacio, in Cadiz City . He, however, denied any participation in the arrest and detention of Marcelino.

Marcelino later executed an affidavit of desistance and filed a motion to dismiss charges against Defensor and Lampon.

Graft Investigation and Prosecution Officer Lyn Llamasares, in her recommendation approved by Tanodbayan Merceditas Gutierrez, a copy of which was furnished by lawyer Elvira Guanzon to the DAILY STAR, said she established that Marcelino was arrested and detained on account of a robbery case against a certain Romeo Palomo.

Llamasares said Marcelino was not assisted by counsel when he was investigated, which is a violation of Section 4 of RA 7438. “Mere denial of Descallar cannot prevail over the positive assertions of Marcelino that he was not informed of his rights during the custodial investigation,” she added.

Llamasares added the claims of Descallar that he merely obeyed lawful orders is a matter of defense that should be raised in a full blown trial.*GPB

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