Police Major Thirz Starky Timbancaya, one of the three police officers in Palawan recently ordered demoted over an administrative case stemming from a 2016 arrest in Coron, said he has accepted the initial ruling but stressed that it remains under legal process and is not yet final.
In a short statement posted for him by 104.7 XFM Palawan, the police officer clarified that the recent decision of the Police Regional Office (PRO) MIMAROPA was not yet an order for demotion, but merely a case decision recommending the penalty, which is still subject for further proceedings.
“Maayos ko pong tinanggap ang desisyon sa aming admin case filed almost 8 years ago, allegedly may pananakit sa akusadong naaresto. Well, para sa ikalilinaw at para maintindihan ng medyo nalilito, ito po ay isang case decision pa lamang for demotion, at hindi order for demotion na agad,” he said.
“Maayos ko pong tinanggap ang desisyon sa aming admin case… ito po ay isang case decision pa lamang for demotion at hindi order for demotion na agad,” he added.
Timbancaya said he has been given the opportunity to file a motion for reconsideration (MR) and submit a formal appeal.
He also told the radio station that he is leaving any further legal steps to his lawyer.
“Nananalig po ako na malulusutan ko po ito,” he added.
Timbancaya, along with Police Staff Sergeants Jeremy Paje and Deo Jaboli, were found administratively liable for grave misconduct in connection with the alleged mistreatment of a bar owner in Barangay Guadalupe, Coron, during a 2016 operation.
The demotion order was issued by Police Brigadier General Roger Quesada, regional director of PRO MIMAROPA, on May 25 following an internal investigation and review of findings by the Commission on Human Rights (CHO).
Quesada’s order pertains to an administrative case for grave misconduct filed by the Philippine National Police (PNP) itself against the three officers for allegedly violating Republic Act 9745, or the Anti-Torture Act of 2009, during the arrest of a bar owner on November 18, 2016, in Barangay Guadalupe in the town of Coron.
PRO MIMAROPA said the Commission on Human Rights (CHR) conducted an investigation following a complaint and found that the individual arrested did suffer physical harm, such as slapping and kicking, at the time of the arrest.
The CHR also found that the businessman’s family experienced “credible threat” suggesting the use of intimidation and coercion.
The documents also state that the three policemen denied the allegations against them, asserting that “they acted within their authority” and followed all operational procedures given the circumstances of the arrest.
But the decision claimed that the way each witness described the events as they happened appeared genuine and credible, not fabricated or rehearsed.
Because of the consistency and reliability in their testimonies, the investigating body concluded that the police officers involved did, in fact, mishandle the complainant and used excessive force during his arrest.
“Through the consistent and collective accounts of the witnesses for the complainant, there appears a truth on the allegation of torture. They are not necessarily exact copy of each other’s account but this fact convincingly indicates that their narratives are not fabricated or merely prepared by someone else. Their respective statements are congruent with the natural occurrence of events as they are all coming from different vantage,” PRO MIMAROPA’s decision stated.
The MIMAROPA regional police office further stated that in carrying out their duties, the officers should have strictly adhered to the constitutional guarantees found in the Bill of Rights under Article III of the 1987 Constitution, which emphasizes that all law enforcement operations must respect and uphold the fundamental rights of every individual.
Specifically, PRO MIMAROPA said this is stipulated under Section 12(2) of the Constitution, which states that no form of torture, force, violence, threats, intimidation, or any action that undermines a person’s free will is allowed. It also explicitly bans secret detention facilities, solitary confinement, and similar practices.
This provision, the regional police office said, serves as a safeguard against abuse of authority by the police and emphasizes that the protection of human rights must be central to any official operation.
Prior to this, on March 5, a local court ruled in favor of Narra Mayor Gerandy Danao‘s petition against the return of Timbancaya as the officer-in-charge of their municipal police station.
In the decision issued by Branch 52, the court upheld the writ of preliminary prohibitory injunction filed by Danao.
The court also ordered Timbancaya to cease from serving as the officer-in-charge of the Narra Municipal Police Station (MPS) while granting the local government the freedom to choose its preferred police chief.
The court gave the local government the authority to choose its own police chief and ordered Timbancaya to cease from serving as officer-in-charge of the Narra Municipal Police Station (MPS).
