Good Cop? Bad Cop? (Part I)
Legal Disclaimer: The author of this blog does not intend to malign or vilify the reputation of the people involved in this post. The following events are chronologically presented based on the facts that support them through legal documents and audio recordings attached herein. A good reference on this and future posts detailing events can be found at the Law Professor, detailing Philippines Libel Laws.
In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted.
On June 10, 2008, at approximately 8 o’clock in the evening, a motorized sikad (a locally made, makeshift, pump-boat motor-powered, tricycle) driver in the name of Ryam D. Estojero claimed he had stomach trouble while doing his routine round trips at Johndorf Subdivision, Barra Opol, Misamis Oriental. With the uncontrollable urge to defecate, he looked for a suitable place, parked his motorized sikad, and went on his business, in what he claims he thought to be a vacant lot..
Suddenly, he heard a woman, later known as Anna Lynn B. Castillon, scream “Nay tao sa luyo! Nay tao sa luyo!” (There’s someone outside!). After hearing this, Ryam, who was yet to start defecating, pulled his pants up, hurriedly vacated the area and started to walk towards the side of the road. A certain PNP (Philippine National Police) P/INSP Salvador Castillon, Jr.(the husband of Anna Lynn B. Castillon) who was holding a police issued pistol, approached Ryam, accused him of maliciously peeping at his wife, pointed the gun at Ryam’s head, and punched him twice on the chest.
After some accusations, the police officer made Ryam kneel and put his hands behind his head in front of everyone who was watching the whole commotion.
After repeatedly asking forgiveness for the crime he claims he did not commit, Ryam was kicked on the chest by the policeman while repeatedly insisting that the 21-year old driver maliciously peeped at his wife. Salvador Castillon then asked a passing motorized sikad driver to verify the identity of Ryam upon which the driver readily identified Ryam as one of his fellow drivers.
After some questioning, the policeman grabbed Ryam’s shirt, pushed him into another passing motorized sikad and told him he is to be brought to Barra Opol Police Outpost. While on the way, the policeman repeatedly tried to make Ryam admit he peeped at the policeman’s wife but the latter insisted he was only there to relieve his stomach. In frustration, the policeman struck in the chest with his .45 caliber ACP gov’t issued firearm (Model 1911a).
According to Ryam, when arriving at the Barra Police Outpost while getting off the sikad, the angry policeman grabbed Ryam off the sikad, kicked him on the abdomen, and forced him into the outpost. At that moment, two officers were on duty; one policeman (PNP) and one barangay tanod (a deputized civilian). Investigation immediately followed and was put into blotter in which you can refer here for a photo of the police blotter or a transcribed copy of the police blotter here. When the interrogation was finally over, Castillon asked Ryam to remove his shirt, commanded him to turn around and exclaimed to everyone present, “There are no bruises on this guy’s body as you can see clearly”.
With everything calm and composed, Castillon made Ryam choose between being imprisoned, being hit with something (was not specified), or to cultivate the soil around the outpost. The under-privileged driver chose the last option. He got an old and rusty kitchen knife and got to work immediately pulling weeds while Castillon left the station. He cultivated the soil around the station for two hours until the on-duty policeman told him he was free. With everything over, the 21 year old driver went home walking, alone, feeling deprived of justice..
The facts stated above are according to the interview of Ryam Dugaduga Estojero by Philippine Attorney Joe Pallugna. You can refer here to listen to the 82 minute interview (I scrunched it down to only 19 MB, that’s the smallest my tools allow for, but that’s prettty small for an 82 minutes recording). The audio interview has been transcribed into Visayan text and is also available as a translated English version for you to verify its accuracy. If anyone finds any discrepancies of note between the actual recording and the written transcripts, please let me know so that I can correct the text versions.
This is the first post of a multi-part posting that will likely involve many postings, as I attempt to lay out the documentary evidence that will reveal the truth, and also, just how hard justice is to come by in this beautiful archipelago I now call “home”.
This is the first part of a multi-part series of posts I will make concerning these and similar matters which I hope will not embarass anyone, not any government agency in The Philippines, not anyone in particular. The Philippines is still a country in transition, a transition from Tribalism to Nationhood. A transition from strong-man-rule to codified law-and-order. Today, the Philippinies has both and neither. It is a country, a great county, in a state of transition, and I hope that my posts on such issues only serve to help the public interest.