Human rights lawyers are “seriously considering” the filing of charges against the arresting officers of Prudencio Cebu Calubid Jr. for his unjust arrest and half year-long imprisonment since last December.
Calubid Jr., was released from the Manila City Jail on Friday from a “nefarious, bounty-driven and unlawful detention,” the National Union of Peoples’ Lawyers (NUPL) said.
The Court of Appeals (CA) granted the 81-year retired aircon technician’s petition for the writ of habeas corpus, successfully arguing that the Philippine National Police (PNP) mistook him for a long-missing New People’s Army fighter and National Democratic Front of the Philippines (NDFP) peace consultant.
The NUPL, Calubid Jr.’s lawyers, said it condemns the victim’s arrest and detention, adding he was “wrongfully and maliciously imprisoned” based on the Department of National Defense–Department of the Interior and Local Government (DND-DILG) Joint Orders on Reward.
READ: Appelate court orders release of elderly mistaken as missing NPA fighter
“Tatay Pruding’s case is not one of simple mistaken identity. It is a case of deliberate misidentification, motivated by the perverse incentives of a bounty system, and carried out with gross disregard for the most basic standards of law enforcement, due process, and human dignity,” the country’s premiere human rights group of lawyers said.
CA thrashes prosecution’s lies
In its 67-page ruling, the CA found that the police failed to exercise even the minimum diligence required to verify whether Calubid Jr. was the same person named in multiple criminal informations and arrest warrants.
The Court rejected the so-called “surveillance” conducted by police it found relied largely on open-source internet searches, Facebook photos, and vague physical resemblance.
The decision also said police ignored the verifiable, official documents presented by Calubid Jr., including his government-issued IDs and employment records after his arrest.
The Court recognized the “overwhelming” public and private records Calubid Jr.’s lawyers submitted, attesting to his distinct identity and “publicly verifiable life.”
“The context of the arrest reveals a deeper problem. A ₱7.8 million reward was offered for the real Prudencio Calubid’s capture. In such a system, law enforcement agencies, including the PNP, CIDG, and entities under the NTF-ELCAC, are incentivized not to uphold justice, but to deliver “results” that align with operational quotas and reward mechanisms. Innocent civilians, especially the poor, become expendable,” the NUPL in a statement on Friday said.
Problematic bounty system
The lawyers said bounty-hunting among government police agencies has replaced due process, with public funds being used to underwrite such abuses.
The appellate court also drew a parallel to the case of security guard Rolly Panesa, who was similarly arrested, detained, and tortured based on unfounded allegations under the same bounty system.
“This case does not exist in a vacuum… it sends the wrong message to the public that those tasked to serve and protect the people… are their very reason to fear injustice, and that fundamental rights may be easily overlooked for convenience, carelessness, or, possibly, personal and selfish gains,” the court warned.
“If not prevented, this conduct would erode people’s faith not only in our law enforcement agencies but in the government as a whole. The respondents ought to be reminded that the rule of law demands unwavering commitment to justice, and the principle of fairness compels institutions to be held to the highest standards of accountability and integrity,” it added.
Charges seriously considered
Karapatan in its condemnation of the police also revealed that Calubid Jr. was constantly pressured to admit to being the missing NDFP consultant.
“We are relieved that Tay Pruding is finally free,” said Karapatan deputy secretary general Atty. Maria Sol Taule who also served as one the elderly’s counsel.
“Fortunately, the Manila City Jail officials decided to release Tay Pruding,” said Taule, “because they were dangerously close to being cited for contempt.”
Taule said Calubid Jr. was subjected to harsh prison conditions, worsening his health condition.
Before his release, Calubid Jr. was the country’s oldest political prisoner and one of 106 elderly as well as 100 ailing political prisoners. He suffers from chronic kidney disease and severe gout and could neither walk nor stand unaided.
In videos released by Taule Friday night, Calubid Jr. profusely thanked his pro bono lawyers and Karapatan.
“Maraming salamat sa inyo at hindi ninyo ako pinabayaan,” he tearfully said as one of his daughters hugged him for the first time as a free man.
NUPL and Karapatan said that the filing of countercharges is seriously being considered against those who arrested Calubid Jr.
“The law cannot allow six months of unlawful incarceration and the irreparable harm it caused to pass without consequence. It cannot be business as usual. State forces and agencies, particularly those that enabled, carried out, or benefited from these egregious violations of human rights, must be held accountable,” the NUPL said.
Now PNP director Nicholas Torre III was Criminal Investigation and Detection Group chief when Calubid Jr. was arrested at his home in Olongapo City last December.
Torre III also announced the arrest, claiming the retired US naval base aircon technician was the revolutionary who had been missing since 2006 along with his wife and companions. # (Raymund B. Villanueva)