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| Mistaken terrorist to sue PNP for P470M | |
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| Tweet Topic Started: Dec 7 2010, 02:37 AM (779 Views) | |
| arvcab | Dec 7 2010, 02:37 AM Post #1 |
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http://www.abs-cbnnews.com/nation/12/06/10...-p400-m-lawsuit MANILA, Philippines – A man is set to sue the Philippine National Police for nearly half a billion pesos in damages after he was jailed for supposedly being a member of the Abu Sayyaf. Allan Almoite, alias Alih Bin Nasser, was arrested in 2006 in Valenzuela for allegedly being a member of the terror group. The Valenzuela Regional Trial Court, however, later ruled there is no evidence linking him to the Abu Sayyaf. Almoite, a member of Balik Islam, said his imprisonment for 3 years affected his family. He said that he was also tortured. "An'dami kong dinanas na ano... pag-torture. Pinag-aapakan, pinagsusunog, pinaglalagay po ako ng plastic sa ulo. Pinapaamin sa akin, sa lahat ng bagay, na ako raw ay ano... terorista," Almoite said. He added that he was arrested and jailed because he shared a similar name with a suspected terrorist. “Dahil kaparehas ko [ng pangalan] iyong hinahanap nila, kaya po ako hinuli,” he revealed. “Hindi naman puwede basta Ali ang pangalan mo, terorista na. Hindi naman lahat ng Balik Islam terorista. Saan hustisya diyan?” he asked. His mother, Felicidad Almoite, said the incident almost destroyed their family. “Halos lahat ng kapitbahay namin ikinahiya kami. Walang kumakausap sa amin. Nawalan kami ng trabaho,” she said. He is set to file a lawsuit against the police, citing the Human Security Act of 2007. P500,000 a day in damages The law states that any innocent person wrongfully arrested and jailed for allegedly being a terrorist can get P500,000 for each day he was incarcerated. “The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused,” the law reads. “If the deductions are less than the amounts due to the detained persons, the amount needed to complete the compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds of the Office of the President. In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year.” People wrongfully jailed can also file criminal or administrative charges against those responsible for charging him with terrorism. The law’s Sections 25 and 25 also ban either torture or any forms of coercion in investigation and interrogation of suspected terrorists. State security officers found guilty of committing torture on a detainee can be imprisoned for up to 20 years. “You think any amount could ever repay the lost years and torture? We will try to test this new law,” said Almoite’s lawyer, Atty. Felixberto Verano. They are set to file the complaint before the Quezon City Fiscal’s Office on Tuesday. – Report from Jay Ruiz, ABS-CBN News; ANC |
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| Fmr TOPP Awardee 82'PNP | Dec 8 2010, 08:13 AM Post #2 |
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PDFF Moderator
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The PNP is the wrong respondents in this lawsuit. The case was properly investigated with evidence like explosives found in his (accused) domain. They filed the case with the Prosecutors Office. During the preliminary investigation, the latter found prima facie case to warrant prosecution hence, they subsequently filed the case in court. Had the prosecutors office failed to establish or were not convinced that there was prima facie evidence, then and there, the case should have been dropped with an order of immediate release of the detained suspect and the case cannot reach the court for trial on the merits. It is in this instance that the police can be vulnerable to face a law suit or any case that fits to the underlying circumstances. The police are not the one's who determines probable cause (prima facie), it is the Prosecutor's Office. The Police cannot be held liable for prosecutors' mishandling and ineffectiveness of representing their cases in court. |
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