Person wrongfully jailed by police due to mistaken identity may file damage suit against arresting officers
Cops ask court to dismiss P470-M damage suit
By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 15:04:00 12/14/2010
MANILA, Philippines—A police officer facing a P470-million suit for arresting a man mistaken for a terrorist has asked a Quezon City court to junk the case as the plaintiff was unable to pay the hefty filing fee.
Superintendent Roger James Brillantes sought the dismissal of the case against him and five other members of the Philippine National Police filed by Allan Almoite, a man he arrested in 2006.
The police officer said Almoite, who is seeking the court’s authority for him to litigate as an indigent so that he can be exempted from paying the filing fee, does not fall under the definition of an indigent.
The undocketed civil case was raffled off last week to Regional Trial Court Branch 97 presided over by Judge Bernelito Fernandez.
Brillantes said Almoite has been a physical therapist since 1994 and that since Almoite is gainfully employed, he should be required to pay the filing fee, which could amount to P20 million.
Almoite had lodged the P470-million damage suit against the PNP, Brillantes, Inspector Arnulfo Franco, Inspector Dante Yang, PO2 Reynaldo Yap, PO3 Peter Paul Pablico and PO3 Noel Fabia.
The plaintiff is seeking P500,000 for each of the 940 days that he was wrongfully jailed under Section 50 of the 2007 Human Security Act.
Almoite said he was a victim of mistaken identity as he said he was not the man indicated in the warrant used by Brillantes to arrest him.
Almoite was charged with violating Presidential Decree 1866 or illegal possession of explosives in a Valenzuela City court after his arrest by Brillantes' team in 2006.
In 2008, the Valenzuela court granted his demurrer to evidence and junked the case against him, noting that the arrest warrant specified a certain “Ali” and not Almoite himself.
Source:http://newsinfo.inquirer.net/breakingnews/metro/view/20101214-308921/Cops-ask-court-to-dismiss-P470-M-damage-suit
No comments:
Post a Comment