To: Commissioner Edilwasif BaddiriFrom: Maricar Corina P. CanayaDate: April 10, 2015 Re: 51 Wrongful Arrests

MEMORANDUM

Is the cash reward system provided by the Philippine Government a reward for the tipsters or an avenue for wrongful arrests? The Government released more than P280 million as bounty for information leading to the capture of alleged terrorists from 2004-2014. However, the issue of the 51 wrongful arrests committed by the police over the aforementioned period in its fight against terrorist group Abu Sayaf remains to be prevalent.In the countrys persistent pursuit of the most wanted men, the PNP has seized two Black Tungkang, three Jerome Mustakim, three Edwin Sawaldi, two Ustadz Hamad Idris, two Mohammad Said Sali, two Abdasil Dima, two Madia Hamja and two Hussein Kasim. This was affirmed by retired police Supt. Jess Kabigting, former chief of the Philippine National Police (PNP) Criminal Investigation and Detection Group (CIDG) General Investigation Unit. Kabigting said that a policeman receiving share of the reward money was normal practice, evidently part of an unwritten rule among officers and informers. Kabigting admitted that he was involved in the arrest of several high-profile cases the past decade.However, in an investigative report of ABS-CBN News, notwithstanding ban, the police took a share of the bounty and arrested a number of wrong men, leaving the real terrorists scot-free.[footnoteRef:1] [1: Grande, G. (2015, March 26). 'Porsiyentuhan' sa 'bounty' ng mga pulis, informant.]

In a joint circular issued by PNP and AFP, it says:Any person, except officials or employees of national, provincial, municipal government or any of its corporate entities, who captures, neutralizes or furnishes information directly leading to the capture or furnishes information directly leading to the capture of any ASG member and Cohort, shall be entitled to the payment of cash reward.The aforesaid rule clearly states the ban of government employees and officials, including policemen, in having a share of the bounty. However, it is violated. If there is a prohibition, why are some officials deliberately acting against it?The lawmen believed that the division of the reward money was a normal practice, and an unwritten rule among the officers and informers. Not only the acts committed by the said government officials constitute corrupt practices, it also creates a big probability that the leaders of the Abu Sayaf are still in force. But the main issue that sought to be answered is: Does the bounty serve as a reward for the informants or a money-making activity for some police officers and employees?RecommendationThe reward system implemented by the PNP as a reward to informants needs to be reviewed. If the bounty system encourages corrupt practices to officials and employees, then the system should be scrutinized to avoid the obstruction of rights to people. To investigate the alleged corruption on the bounty system, there should be an independent body that shall investigate the mentioned problem. The independent body should be composed of officials from DILG, DOJ, PCGG, as well as members of IBP and other private individuals which are qualified to be members of an investigating body. Their main purpose is to investigate the series of wrongful arrest that was done by members of the PNP. The number of wrongful arrests shall be corrected, and the people who are innocent shall be released. Moreover, they shall serve as watchdogs in every reward that is awarded to individuals who submit information to the authorities.Furthermore, there is a need to strengthen the penalties against people who are guilty of the aforementioned crime. Because the system seems to be lax in punishing police officers who conspire with the other individuals, the independent body should be strict in implementing a more rigid punishment towards them.The PNP continues the commission of wrongful arrests, there is a probability that the real criminals are still in force. And if we continue this flawed system, more innocent people will suffer the crime they have never done.