OFFICIALS of the Eternal Gardens Memorial Park yesterday asked the Department of Justice to investigate possible irregularities in the apprehension and detention of two of their employees by members of the Batangas City Police.
Lawyer Alexis Oco, legal counsel of Eternal Gardens Memorial Park in Batangas City, said the DOJ needs to look into the October 13 arrest of Arnel Alibuzo and Marizza San Diego based on the complaint filed by a prosecutor assigned at the Office of the City Prosecutor (OCP) of Batangas City for the theft of a grave marker.
“We filed an administrative complaint to formally ask the Secretary of Justice to look into the possible irregularities conducted in the illegal arrest, the inquest proceeding, and the detention of Mr. Alibuzo and Ms. San Diego,” Oco told reporters after filing the complaint.
“In light of the numerous irregularities observed throughout the arrest, inquest, and detention of our employees, Ms. San Diego and Mr. Alibuzo, which were carried out by both the complainant and the investigating prosecutor, our company, through our legal counsels find it necessary to lodge an administrative case to formally request the Department of Justice to conduct a thorough investigation into this matter and impose appropriate sanctions,” he added.
He refused to identify the prosecutors involved but documents filed with the DOJ identified State Prosecutor Edelwina Ebreo as having filed the complaint against the Eternal Gardens employees while Deputy Prosecutor Evelyn Jovellanos was named as the prosecutor who conducted inquest proceedings on the two despite the absence of a counsel of their choice or a public lawyer to assist them.
Sought for comment, DOJ Assistant Secretary and Spokesperson Jose Dominic Clavano said the case “has yet to reach my office.”
Oco said the policemen apprehended the two without the benefit of a court-issued warrant of arrest and were subsequently placed under inquest by another prosecutor in the same OCP-Batangas City even if they were not assisted by a counsel.
“Although we acknowledge that there are competent and qualified members of the Prosecutor’s Office who could resolve the case, however, given that the complainant is a member of the Prosecutor’s Office of Batangas and the investigating fiscal has close relations with her given that they are colleagues, we explained that there will be partiality,” Oco added.
He said they also filed a motion for the transfer of venue for the preliminary investigation of the theft charges against Alibuzo, San Diego, Jocelyn Ann Buendia, Reggie Reyes and Demetrio Peralta to the Office of the City Prosecutor Manila.
The preliminary investigation of the case has been set for October 26.
But Oco said it would be better for the local prosecutor to “voluntarily inhibit” from handling the case without waiting for an order from Justice Secretary Jesus Crispin Remulla.
Asked for details on the complaint against their employees, Oco said Eternal Gardens received a complaint from the female prosecutor about the missing grave marker last October 13.
However, he said on the same day, the prosecutor sought the assistance of the police and Alibuzo and San Diego were taken to the police station.
Oco said they were surprised when they were informed that Alibuzo and San Diego have been arrested, followed by the conduct of inquest proceedings.
Alibuzo and San Diego were detained for three days and were only able to post bail for their temporary liberty after executing a waiver and move for the conduct of a regular preliminary investigation.
“Let us be clear that Eternal Gardens has a zero-tolerance policy against theft. We will never condone any wrongdoing from our employees. However, we will provide assistance during times when the rights of our employees are being violated,” Oco said, adding that their employees are afraid the resolution of the OCP-Batangas City would be biased against them.
