Chief Inspector Jefferson Descallar will remain as police chief of Cadiz City, Negros Occidental, despite two arrest warrants issued against him, Senior Supt. Rosendo Franco, provincial police director, said yesterday.

The two arrest warrants were issued by the Cadiz City Regional Trial Court and Municipal Trial Court in Cities of Cadiz against Descallar for arbitrary detention and violation of Section 4 of RA 7438, or an Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation.

The filing of charges and issuance of arrest warrants against Descallar were for the arrest of Marcelino Palomo in 2007, who was mistaken by his team as one of the most wanted persons in Western Visayas.

Franco defended Descallar, saying the arrest of Palomo was an “honest mistake”. However, if the court finds him guilty, he will have no other choice but to relieve Descallar as Cadiz police chief, Franco said.

Lorenzo Alminaza, counsel of Descallar, said his client  posted bail for the two charges filed against him before the Cadiz Regional Trial Court and Municipal Trial Court in Cities, Feb. 29.

We have new evidence to present in court, which may lead to the dismissal of charges against Descallar, Alminaza said.

The Ombudsman for the Military also earlier slapped Descallar with a one-month suspension without pay for simple misconduct, also for the arrest of Palomo, in Cadiz City.

The issuance of the arrest warrants against Descallar also came as he received yesterday an award for the Women and Children Protection Center of the Cadiz police, which was adjudged by the PNP Directorate for Investigation and Detective Management, as best WPCP (urban category) nationwide for 2007.

Descallar, who earlier called his suspension “unfair”, maintained that he was just following an order from his immediate superior, referring to Supt. Cornelio Defensor, chief of the Regional Intelligence and Investigation Division, when they arrested Palomo.

A similar case filed against Defensor was earlier dismissed by the Office of the Military Ombudsman for lack of probable cause, after complainant Palomo executed an affidavit of desistance.*GPB

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