Security guard files raps vs police, military at DOJ

MANILA, Philippines - The security guard mistaken by the military of being a ranking official of the Communist Party of the Philippines on Wednesday sued the police and military officials before the Department of Justice.

"Hindi pwedeng tanggapin ko lang kung anong nangyari sa akin. Kailangang lumaban ako para makuha ang hustisya para sa akin at para sa ibang nakulong at natorture nang walang kasalanan katulad ko," security guard Rolly Panesa said as he filed criminal cases at the DOJ in Manila against several soldiers and police involved in his torture, arbitrary arrest and detention.

Panesa, together with his counsels from the National Union of People's Lawyers and rights group Karapatan, lodged complaints of Violation of Anti-Torture Act of 2009, Unlawful Arrest, Incriminatory Machination and Perjury.

Respondents to Panesa's complaint on the violation of Anti-Torture Law, and unlawful arrest are Maj. Gen. Alan Luga, former Commanding Officer of Southern Luzon Command of Armed Forces of the Philippines; Maj. Gen. Eduardo Del Rosario, CO of the 2nd Infantry Division of the Philippine Army; Police Chief Supt. James Andres Melad, former Regional Director of the Philippine National Police Regional Office IV;  Police Senior Supt. Manuel Abu, Chief of Regional Intelligence Office of PNP Regional Office IV; Police Chief Inspector Reynaldo Mendoza of the Regional Intelligence Office of PNP Regional Office IV; Police Inspector Bonifacio Guevarra; SPO1 Cristopher Flores, PO2 Ariel dela Cruz, PO2 Joseph Fernandez, and PO1 Ellior de Lima.

Charged with Perjury are Col. Generoso Bolina, spokesperson of Southern Luzon Command, Luis Grajo Rayos and Micheal Rojo Alvarado and Erwin Rosales all rebel returnees.

On Oct. 5, 2012, Karapatan said that authorities tortured and detained Panesa for 11 months because he was wrongfully tagged as Benjamin Mendoza, an alleged high ranking regional officer of the New People's Army.  

Last month, AFP Chief of Staff Gen. Emmanuel Bautista gave the P5.6-million reward to the informant who “identified” Panesa as “Benjamin Mendoza.” 

On August 29, the Court of Appeals ruled in favor of  Panesa’s petition for writ of habeas corpus, citing his case as a case of mistaken identity, and ordered the jail warden of Camp Bagong Diwa in Taguig City to release him from prison.

Karapatan secretary general Cristina Palabay said that the CA has effectively questioned all the testimonies of the “confidential witnesses” presented by the military, citing also the inconsistencies in the statements of military officials who spoke on the arrest of Benjamin Mendoza.

"Nakilala ko sa kulungan ang maraming katulad ko na nakulong na wala namang kasalanan, katulad ng mga simpleng mag-uuling na napagkamalang NPA at hanggang ngayon ay nakakulong pa rin," Panesa said. 

Karapatan called on the DOJ to immediately act on Panesa’s complaint.