Complaints of unlawful arrest, arbitrary detention and violation of RA 7438, or rights of an arrested and detained person, were filed yesterday against Cadiz police chief, Chief Inspector Jefferson Descallar, and seven others, before the Commission on Human Rights, for the apprehension and detention of a farm worker mistaken for a "fugitive".

Other respondents in the complaints, aside from Descallar, are Supt. Cornelio Defensor, Regional Investigation and Intelligence Division chief of the Western Visayas police, PO1 Richard Lampon and five Civilian Volunteers Organization members.

CHR provincial officer Romeo Baldevarona yesterday said Marcelino Palomo who was recently arrested by a team of policemen led by Descallar in Brgy. San Andres Bonifacio in Cadiz City, had been mistaken for Romeo Palomo Jr., one of the 20 most-wanted persons in Western Visayas with a bounty of P70,000 for his arrest. Initial CHR investigations show that Marcelino who was arrested by Descallar and his men and brought to the Police Regional Office 6 in Camp Martin Delgado, Iloilo, despite the insistence of his family members and that of Andres Bonifacio Brgy. Capt. Enrique Lamoste that it was a case of mistaken identity.

Baldevarona said the family of Palomo even presented to the police his baptismal and school records, as well as a copy of his marriage contract to dispute their claims that he is fugitive, but these were not given due considerations.

Marcelino was released by the Cadiz police after they had verified that he was not the fugitive they are looking for.

Senior Supt. Rosendo Franco, provincial police director of Negros Occidental, yesterday said the Palomo family have the right to file complaints against Descallar.

"We cannot blame them if they will pursue charges against our policemen who were just doing their job in good faith," Franco said.

If mistakes had been committed, the police is ready to face the consequences, he added.

Franco also said the family of Marcelino even allowed the Cadiz police to bring him to the PRO 6 headquarters in Iloilo City, for further verification purposes.

Marcelino, accompanied by his brother, Freddie, and Lamoste, yesterday appeared at the CHR to file complaints against Defensor, Descallar, Lampon and five other CVO members.

Baldevarona said Marcelino and other members of his family claimed they were under surveillance by unidentified persons, following his release from the custody of the Cadiz police.

"There is glaring evidence that a human rights violation was committed," he added. CHR investigations also showed that, a mug shot of Marcelino labeled with a crime he allegedly committed was also taken by the police.

Baldevarona said he will meet with Descallar to get his side on the claims of Marcelino, and take up the allegations with Franco.*GPB

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