BAGUIO CITY – A photojournalist jailed for four days or at least 80 hours will return the “favor” to his jailer when he filed a counter affidavit Friday.
Cesar Reyes filed cases of “incriminating an innocent person, delay in the delivery of detained persons” as well as administrative cases for grave abuse of power and authority against Police Community Office 4 head Insp. Joseph del Castillo.
Reyes got out jail Monday after filing the P3,000 bail for grave threats, reduced from P66,000 when his illegal possession charge was dropped by Prosecutor Ruth Bernabe for lack of probable cause.
His grave threat charge, however, needs yet to be heard and proven when he will be arraigned on Oct. 6.
Earlier, he said that he will take things in stride after he filed for bail before lunchtime where he paid half of the recommended bail of P6,000.
In filing the counter affidavit, Reyes said that he was never investigated on and that he was not informed “of the nature and cause of my arrest and my constitutional rights as accused because he (del Castillo) never did.”
Since Castillo claimed to have undertaken an investigation, Reyes added, “He never informed me that I have the right to remain silent and to counsel as mandated by Sec. 4 of (Republic Act) R.A. 7438.”
R.A. 7438 defines the rights of arrested person, detained or under custodial investigation as well as responsibilities of arresting persons.
Section four of said act penalizes the arresting officer “who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.”
Reyes' counter affidavit also said that he was not delivered to the proper judicial authorities during the entirety of the more than 17 hours that he was under the police officer's custody.
“I suffered humiliation, mental anguish and unnecessary detention for the unwarranted and unlawful charge of Police Inspector Joseph Fokno del Castillo,” Reyes added in filing his counter affidavit.
“If he will not file the case then we will,” said Baguio Correspondents and Broadcasters Club, Inc. President Pigeon Lobien, who with officers and members of the club, went to the Baguio City Police Office Friday afternoon to seek means to have the jailed photojournalist out.
Reyes said that he was not informed of his rights after he voluntarily joined the investigating police officers after the 11 p.m. incident Thursday and after he surrendered his gun, as well as its papers, which he allegedly used to threaten the taxi driver and his posse.
“I did not poke it and I just drew it to warn them to back off. They were ganging up on me,” he added.
What resulted was a case of police investigation going over board, said lawyer Richard Carino who took on the case after Reyes was already incarcerated.
“I feel outraged,” added Carino who filed the case against the police officers responsible for detaining for 18 hours and then filed the charges only when Carlos Abrigo was reportedly encouraged by investigating cops to file a case against Reyes after they agreed that the journalist will pay P2,000 which was signed by both parties.
Reyes paid the amount after lunch Friday but had to stay in detention while cops remained mum telling him nothing why he remains at the police office.
He said that cops had a close door meeting with Abrigo for almost two hours and when the latter left, a grave threat charge was already made against the journalist.
Reyes was later brought again to the Baguio City Police Office where he was told to proceed to the city jail where he was already asked for finger printing.
Reyes filed bail for grave threats as the illegal possession of firearm was immediately dismissed by Prosecutor Ruth Bernabe, who ruled there was “no probable cause to indict the respondent, but probable cause against the respondent of the crime of grave threat.”
A case has been filed with the municipal trial court here and set for arraignment on Oct, 6.
The case stemmed from a complaint filed by Carlos Abrigo, who on the evening of Sept. 18 confronted Reyes after the latter bumped his taxi “Edrin & Dave.”
Reyes was about to leave aboard his Toyota Lite Ace van parked at Session Road fronting Luisa’s Café.
The driver, Jaime Caccam, alit from the taxi and confronted Reyes while also calling for back up including the owner, Abrigo.
Abrigo upon arrival immediately confronted Reyes and with several others allegedly verbally abused him until one pushed him that forced the journalist to draw his gun.
“He drew it but kept it on his side after one of the men pushed him,” said a witness.
“What will you do if four men approach you from all sides with, apparently, the purpose of hurting you?” said Reyes.
Abrigo said in an interview with a local television network that he dared Reyes to fire it which the latter did not.
“I just tried to show it, to warn them to back off,” Reyes said.
Responding policemen saw a balding, bespectacled man with a gun when they arrived and a man taking photos of the vehicles.
Reyes immediately surrendered his gun and even gave up the papers including his permit to carry issued by the Philippine National Police in Camp Crame.
When invited to settle the case at the Community Police Office at Upper Session Road, Reyes
boarded the police car.
But he never got out of the police offices even after he agreed with Abrigo that he pay P2,000 for the damages.
Reyes was brought from to the police office at Abanao at 3 a.m. then back to the Compac and back and forth until 4:30 p.m. on Friday when police brought him to the city jail where he spent the weekend.
“I did not know that there was already an inquest. I was not provided with a lawyer even,” he said.
Franco added that Reyes was charged with illegal possession of firearm although he may have the papers could still be liable since the same was used to “commit a crime.”
Station seven head Chief Insp. Engelbert Soriano said Reyes had an earlier case involving at that time a cop who let go of the incident. -- PML
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