PHILIPPINES: Two persons held for days without arrest orders and charges

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a businessman and his cousin had been illegally detained by a special investigating unit for days in absence of any arrest orders. They were taken into custody after the unit conducted search at their internet shop allegedly for committing illegal activities. Instead of turning them over promptly to court or to police station, they were held without any charges and against their will. They were also prevented from promptly securing their own legal counsels. One of them was verbally abused, intimidated and was allegedly extorted money in exchange of dropping charges against him.

CASE DETAILS: (based on the one of the victims’ testimony)

On 11 January 2008, at around 7:30pm XXX (name withheld upon request), owner of Netwarp Internet Café in General Santos City, was taken into custody together with his cousin and employee, Maria Isabel Valenzuela (a.k.a. Mabel), by members of the National Investigation Bureau (NBI). The NBI were serving search orders from a local court on XXX’ (name withheld upon request) establishment over allegations that he was using his business as front for his supposed illegal activities. The NBI is an agency under the Department of Justice (DoJ).

When the NBI serve the search orders though, they neither had with them anyone from the village council, as it is required by law, nor were there other policemen present that are supposed to supervise the search. They, too, refused the repeated requests by XXX (name withheld upon request) to obtain legal counsel promptly or asked his relatives to come as they were conducting the search to help him. He was distraught at the time.

Nevertheless, members of the NBI, which composed of about seven to eight persons, have already loaded into their vehicles all the computer equipment and accessories they have confiscated from XXX’ (name withheld upon request) establishment. They had also taken XXX (name withheld upon request) and Maria Isabel with them for questioning at their headquarters. Only upon their arrival at the NBI that XXX (name withheld upon request) was allowed to contact his relatives and seek legal assistance.

However, since the crime XXX (name withheld upon request) has allegedly committed–violations for Anti-Trafficking in Person Act (RA 9208) and Special Protection of Children against Child Abuse, Exploitation and Discrimination (RA 7610)–took place sometime in October to December 2007; he should have been subjected to ordinary criminal procedure of the preliminary investigation (PI). However, what the NBI did was they had detained him without any formal charges and against his will. He and his cousin, Maria Isabel, were also not promptly presented before a court or turned over to any police station as it should have been required. XXX (name withheld upon request) and Maria Isabel were only released six and four day later respectively.

On January 15, the NBI instead filed a request before the City Prosecutor’s Office (CPO) that their complaint against XXX (name withheld upon request) be considered under the rules on Inquest Procedure of the DoJ Circular No. 61. Under this rule, a law enforcement agency holding a person in their custody would be allowed to continuously detain or hold them in custody until the complaint is resolve by the investigating prosecutor. This obviously exonerates the NBI from any responsibilities in detaining XXX (name withheld upon request) and Maria Isabel against their will. The DoJ’s rule on inquest does not cover the nature of offense XXX (name withheld upon request) has allegedly committed.

While in the NBI’s custody, one of the agents, Agapito Gierran, has repeatedly been putting pressure on him. Agapito has frightened XXX (name withheld upon request) that he could face a huge amount of penalty and jail terms once he is convicted by the court. Thus, if he is interested in settling the case amongst them by paying bribe, then they may not be filing the case in court. Nevertheless, they filed the complaint before the prosecutor’s office. The prosecutor, however, has yet to resolve the complaint.

Meanwhile, XXX (name withheld upon request) cousin, Maria Isabel has filed charges of illegal detention against the NBI agents before the prosecutor’s office. In her complaint affidavit on January 23, she named four NBI members, Agapito Gierran, Dominic Cero, an alias Sir Louie or Sir Das, one Atty. YU and four other unnamed persons, for violations of arbitrary detention. Even though there were no charges filed against Maria Isabel, the NBI nevertheless had her held in their custody against her will.

But when Maria Isabel filed charges of arbitrary detention against the NBI agents mentioned above, they gave the alibi that she had voluntarily opted to stay at the NBI’s headquarter supposedly to console XXX (name withheld upon request). The NBI, however, failed to give any substantial and reasonable explanations why they have failed to properly inform her and promptly release her. They also did not explain why they had to take personal details and lift fingerprints from her if indeed she was not part of the charges they have filed against XXX (name withheld upon request).

Below is the full text of the testimony written by XXX (name withheld upon request):

On the day of my arrest (11 January 2008), I came to office/work at around 7:30PM from an appointment to our catering and venue services. As to shed light, we have an upcoming fashion event scheduled for us. I was alone on the second floor of my rented premises when suddenly people where rushing inside my office. As to my surprise, thinking they were thieves or burglars, I asked them who they were and why barged in without knocking? One of them, whom later I’ve known as Agapito Gierran (of the National Bureau of Investigation (NBI), said that they were from the NBI and they have a search warrant. I asked them if what’s the warrant for but he only said that sit down and just read the paper (the warrant). Then after he asked me if I understood what the content of the paper was, I answered yes. He then said that they will now search the whole building.

I asked Agapito if I could call for someone to assist me like a lawyer or my uncle or aunt. He did not answer me but insisted for me to keep quiet and sit. I was shocked and confused at the same time. Agapito and several other men, about 7-8 persons, searched the whole premises of the second floor including the living quarters and stock room. They then get everything they see. Including our stock of papers, blank cd’s, blank diskettes, etc. which are stored on our stock room and intended for sale on the first floor internet cafe for which I own. They got everything they wanted even the items that were not in the search warrant.

I continuously ask them not to get the items that are not in the warrant and to conduct the search with care. They just throw everything they see not even cares if they break or destroy items from my vicinity. They just ignored me and continued what they were doing. I asked them again if I can call a lawyer as to counsel me, one man said that no problem he is also a lawyer. They went on with their doings. After a while, they said that they are done and we have to go to their office. I voluntarily abide and went down to the first floor of the building. I saw my cousin (Ma. Isabel Valenzuela) which is also my staff at the counter near the exit sitting. Then, someone from the NBI said that all of the items on the first floor, which is the internet cafe, is confiscated and will be bought to the NBI’s custody.

They dismantled everything including the UTP/Internet cable attached to the walls, sockets, and the computer units. Even the box of the CD games that we use was taken. I asked them again that the CD’s, blank bulk of coupon bonds and a like were not in the warrant and why get them. They continuously ignored my questioning and asked me to just shut up. After everything was taken, they ordered us to lock up the place and we will leave going to their office. So then, me and Mabel locked up the place and followed their mandate. I asked them if I could bring my car, they agree.

Agapito and one John Doe rode with me and Mabel in  my car. When we arrive at the NBI’s office I saw my computer units been unloaded. We were guided at one of the room’s there which eventually an office. There I met with Agapito again. He got lots of papers and sat in front of us. I asked him again if I can call someone to help us out. He said yes and I left the room. I immediately called and texted my uncle and aunt including my brother to go to the NBI’s office and told them we were raided awhile ago. Agapito went back to the office, he begun explaining what happened. He insisted that I had committed a crime and continuously called me in names he wanted to. He begun cursing and talking aloud. He insists that the internet cafe was unlicensed and all of its documents are fraud. I keep on insisting that the business is there for almost 3 years and that we have permits and clearances. I even told him that I have original certifications from the business offices but he kept on saying that I should shut up and listen to him. He kept on explaining that the crime is punishable with life sentence and fine of 2 million pesos.

After awhile my aunt Mely tan arrived together with her brother and her grandson. Agapito, again, explained everything, called me names, violently speaking and always emphasizing the life sentence and the 2 million penalty. My aunt then called my uncle Wilfredo Garcia to help us out. After awhile, my uncle arrived and started to talk to the NBI agents…they went to another room and talked there… me, Mabel and my aunt were left inside the office. After awhile Agapito and uncle Willie went inside the room. Then Agapito explained that I am arrested and will be detained. I objected outright on his statement and said to him that I have no arrest warrant and the only thing they were holding is a search warrant and I should not be detained.

Also my aunt and uncle expressed the same feeling. Agapito and Atty. Yu said that they should get a lawyer because we don’t have the same mind waves why we will be detained. My aunt replied that how can we get a lawyer in the middle of the night and that it will be weekend and all offices are close? The NBI just replied “you have to find onyour own”. My aunt and uncle asked us to just follow the NBI first and that they will call and find a lawyer on our defense. We are asked to go to the second floor of the building, where it was their sleeping and detainees’ quarters. We were asked to join one woman in a room which was also a detainee. We were locked in the room from that time.

The following day (January 12), because of the event, I didn’t have a night rest. Agapito went inside the room to check on us and said that the computers and all of the things they got will be endorsed to the court. And that they need Mabel to certify that the items are correct. At about 12noon, 2 vans arrived and parked inside the NBI’s compound. Mabel was escorted downstairs and checked our stuffs. After awhile Mabel went up and talked to me that Agapito talked to her that all of the items will be turned over to court. I was wondering how they could do that on a Saturday. Then Mabel told me that while our items are loaded into the vans, she saw 2 of the complainants with the NBI inside the NBI’s premises. They are witnessing the loading of the computers.

At around 6PM, to my surprise, all of the alleged complainants went to our quarters and talked to me. Then there they told me what had happened. They insisted that they were forced to go to the NBI’s office on day by Agapito and George Coyoca (one of the complainants) which was the mind of the crime. Agapito together with George went house to house on all of them asking them to go to NBI office if not they will be charged together with their parents. One day, they received a text message from Agapito and George that they should come to the NBI’s office..they all followed and went there. While they were at the office, Agapito was in front of the computer and asking them questions.

After awhile, Agapito printed out papers which was then instructed them to sign the documents. Some of them disagreed to sign but forced due to the fact that Agapito is saying that if they will not cooperate they will have a case including their parents. So, everybody that Agapito instructed to sign, signed the documents. While we were talking, Agapito went upstairs from his office and asked why the complainants are there talking to me. Agapito instructed everyone to go down and go home. As for me to go to his office and we will talk.

When I was there, Agapito let me sign a document about the inventory of the seized items. Mabel is with me this time. After signing Agapito instructed Mabel to go upstairs leaving me behind. Agapito then explained again the consequences of the case. He always insisted the 2 million penalties and imprisonment. He then asked me if I’m not interested on resolving my case. I expressed that even though I don’t have (any) fault (and) I wanted this to be finished.

We are now talking about money to settle everything. I told him that I don’t have money and that I can’t provide a large amount to settle. He then asked me to ask for help from my aunt and uncle. I asked him to give me back my mobile phone so I can communicate with them. He then handed me my phone and instructed me to go upstairs. And I did. I texted (sent SMS) my aunt and uncle about it.

After a day or two, my aunt and one of my uncle named boy, were trying to negotiate with the NBI agents specifically with Agapito. There were prices amounting to 1.5million and so on. Then after, they (also) wanted the computer units together with the money. For everyday that I was detained, I’m constantly been mentally harassed by Agapito and several agents. They will always call me and talk to me to deal with the matter ASAP (as soon as possible) to prevent them from turning me over to court. They said that they will give few more days for us to come up with a settlement for whom which they prefer.

Agapito will always call me to ask about the transaction. I always refer him to my uncle and aunt because I have no knowledge of their talks. He keeps on saying that I should call my mother in Hong Kong and asked for the money they wanted so I’lll be free. He keeps on talking about the 2 million penalties and life imprisonment.

One day, he told me that he will call the media to publicly announce the story. He told me that if there are no settlements for that day, media will be here in their office. And one afternoon, media from the local ABS CBN came upstairs and starting to shoot videos. Agapito and several agents repeatedly asked me to go out of the room and face the camera. I demanded that I’m not interested to talk on media and that I will not face them. Agapito insisted for me to face the media and repeatedly forced me to face them. My uncle boy was there also so I let him to talk to them that I’m not interested to talk to media.

As to my surprise, that day at around 5PM, my friends and everybody who knew me texted me that I was on TV,on the news. I felt betrayed and abused that time. I was crying my all while talking to my friends over my mobile phone. After awhile, all of my complainants called me through my friend von, who lives near the NBI, that they were there and that they were shocked of the news been announced. They too attest that it was falsely reported and that they will go to Agapito to withdraw their affidavits. I instructed them to leave it there and that ill tell them what to do after I consulted my aunt and uncle. I talked to everyone of them. They too were crying and promised to straightened things up.

On the day of my inquest, I was bought to the district hospital for a routine check then bought to the fiscal’s (prosecutors) office to be sworn in. It was around 5PM when we got there we went back to NBI office. The next day we went back to fiscal office again to sworn in. After that, we went back to the NBI’s office. Then there, Agapito repeatedly asked me for the resolution on the matter of the arrangements. I asked him to talk to my uncle. Then they talked on the same day. Mabel was then asked to leave the NBI and stated that she is free to go. Then Mabel instantly packed her things and left the NBI after being held captive for days.

For days I was there, all I hear is money and to arrange my freedom through it. Agapito keeps on reminding me the 2 million penalties and always telling me that  I’lll be brought to city jail soon. 

After I got out, some of the alleged complainants meet with me and talked me out through the event. One of them naming Amelyn Tan together with her mom went to atty. Salazar (his legal counsel) to file a desistance. They expressed that they were harassed and told by Agapito that if they will not cooperate or withdraw their statement, that Agapito will file cases against them. Still they filed a desistance on the case.

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting for their appropriate intervention in this case. The prosecutor’s office must resolve the complaint filed against the victims promptly; and that of the charges of illegal detention the victims have likewise filed against the NBI agents. The agents involved should also be investigated to allegations that they have extorted money from the victim and abused their authorities which results to their detention against their will.

The AHRC has also written to the Special Rapporteur on the Question of Torture calling for an intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER