Valle filed before the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices her complaint for alleged kidnapping and serious illegal detention; arbitrary detention; gross violations of Republic Act No. 9745, also known as the Anti-Torture act of 2009; gross violations of RA 7438 or rights of persons arrested, detained or under custodial investigation; and grave misconduct, grave abuse of authority, and conduct unbecoming of a public official.
RA 7438 provides, among others, that persons arrested, detained or under custodial investigation “shall at all times be assisted by counsel; that the persons arresting or investigating shall inform the person of his/her rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation.”
In the PNP, named respondents aside from Albayalde were Col. Bernard Banac, spokesperson; Col. Tom Yuzon, Director of the Criminal Investigation and Detection Group in Region 9; Col.. Redentor Lantaca Retusto, Provincial Director of Zamboanga del Sur; Col. John Guyguyon, Deputy Regional Director for Operations of PNP Region 9; Mohdin Panturan, chief of the ProvincialIntelligence Branch of PNP Region 9; Lt. Col. Mardito Anguluan, Director of the Regional Mobile Forces Battalion; Capt. Mohammad Madzdie-Aziz Mukaram as leader of the CIDG Provincial Field Unit; the director of the PNP’s Aviation Security in Region 10; Police Chief of Laguindingan in Misamis Oriental: Col. Michael Pareja, PNP Iligan chief; and John Does and Jane Does who are members of the composite team that arrested Valle.
In the Army, also named respondent aside from Bareng was Lt. Col. Marlowe Patria, commander of the 53rd Infantry Battalion.
Valle was arrested at the Laguindingan Airport in Misamis Oriental at around 10 a.m. on June 9 allegedly on the basis of two warrants of arrest, both of which Valle said she was not allowed to read.
PNP spokesperson Banac, citing reports from the field said the warrants were for alleged “multiple murder with quadruple frustrated murder and damaget to government property” issued in Misamis Occidental by Judge Bernadette Pardes-Encinarea on December 29, 2011 “with no bail recommended” and arson issued by Judge Aniceto Galon, Jr. in Pagadian City on September 4, 2006 with bail recommended at 24,000 pesos.
The warrants were for “Elsa Renton @ Tina Maglaya / Fidelina Margaita Valle y Avellanosa.”
In her affidavit, Valle said that when she finally got copies of the warrants of arrest, “I noticed that my name was never mentioned in the warrants.”
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