Cop chief violated protocol on COWD worker's arrest

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Thursday, September 4, 2014

INVESTIGATING team of Misamis Oriental Provincial Police Office (Moppo) said Gitagum police chief violated protocol on the conduct of the arrest of Cagayan de Oro Water District senior draftsman Engr. Emmanuel Mulawan Sr. who lately was freed by a Cavite court where he was incarcerated for more than two months.

Mulawan was arrested following an alleged rape case.

Chief Inspector Napoleon Payla, of Moppo, said the team leader from the Gitagum police violated a procedure during Mulawan’s controversial arrest.


“He did not coordinate with the [Cagayan de Oro City Police] and there was a clear violation there,” Payla told Sun*Star Cagayan de Oro Wednesday.

Payla referred to Gitagum Police Station chief SPO4 Virgilio Cabugsa, one of the four police, who arrested Mulawan inside the COWD office last June 11, 2014.

After Mulawan was arrest, he was flown to Imus, Cavite early morning the following day by the arresting police officers.

“He (Cabugsa) should have coordinated with the city police before, during and after. If it was an emergency, which showed it was, he could have informed during or after the arrest instead. Although he did inform the city police regarding about Mulawan’s warrant, but it was not immediate, which came out really wrong. Na-ugmaan pa,” Payla said over the phone.

‘Neglect of duty’

The Police Regional Office in Northern Mindanao (PRO-10) has ordered the provincial police to investigate the issue.

Now that the court in Cavite has freed Mulawan, Payla, investigator of Cabugsa’s case, has recommended to PRO-10 that Cabugsa possibly committed clear violation by not coordinating with the city police and not following protocol, “a simple neglect of duty.”

Valid act

Nerse Daganato, deputy investigator and Moppo information officer, said that Cabugsa informed the city police about the arrest through text and call, which she clarified the act was valid.

“Mr. Cabugsa had texted the city police after Mr. Mulawan was arrested. Sometimes, there are cases that the recipient would demand a formal letter. And I think the city police wanted a formal letter, which really took time,” Daganato said.

Payla said that sometimes, problems would arise when the recipient would deny that coordination took place when it is done virtually.

“The recipient would demand a letter because when coordination happens through texting and/or calling, it is easy to deny that there was one,” he said.

In a published report, Cagayan de Oro City Police Office (Cocpo) director Senior Superintendent Graciano Mijares denied that the Gitagum police coordinated with Cocpo when they served the warrant.

“We are looking into possible violations [of rules and procedures],” Mijares was quoted as saying.

Payla said that Moppo, being the recommending body, has suggested that Cabugsa has clearly violated PNP’s protocol and observing proper jurisdictions.

“According to our results from the investigation conducted, Cabugsa, being the head of operation in arresting Mr. Mulawan, has committed a violation by failing to coordinate with the city police. However, it is up to Alagar to decide and penalize him,” he said.

This paper tried to get Cabugsa’s side or from any police officers of Gitagum police, but all efforts was futile.

Published in the Sun.Star Cagayan de Oro newspaper on September 04, 2014.

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