Despite more than enough evidence showing he was nowhere near the scene of the crime, the Philippine National Police (PNP) still arrested award-winning director Jade Castro without warrant last February 1.
As of press time, Castro and three of his companions were still under detention, accused of arson for allegedly burning down a modern jeep in Quezon province.
As a result, various groups but most especially the Philippine art community, slammed the PNP which they accused of strong-arm tactics reminiscent of the martial law era.
Castro and his three companions – identified as Ernesto Orcine, Noel Mariano, and Dominic Ramos — were in the province to direct a local pageant, a common sideline business for showbiz celebrities.
Castro has been hailed as one of the country’s top young directors after Castro directed commercial and artistic hits like ‘Endo’ and ‘Zombadings.’
It was the group’s warrantless arrest that drew widespread condemnation, with Sen. Risa Hontiveros calling for a Senate probe on the incident, which she referred to as a case of “arrest now, explain later.”
Under Philippine law, warrantless arrest is only resorted to when a suspect is caught in the act of committing a crime and only if the suspected crime is considered serious, potentially endangering lives.
The prosecution recommended the filing of “destructive arson” against Castro and his group.
There is, however, various pieces of evidence to show that Castro and his group could not have committed the crime of which they are accused, as they were seen on CCTV far from the crime scene.
They were actually in Mulanay town in Quezon, while the burning of the modern jeep happened in Catanauan. Two local officials of Mulanay also said they were with the group, who were preparing to shoot the rehearsal of the town pageant at the time of the incident.
Footage of another CCTV showed the director and his group in a vehicle in the streets of Mulanay at the time the modern jeep was burning in Catanauan.
The two CCTV videos as well as eye witness accounts of local officials of Mulanay were apparently ignored by the PNP, which insisted on filing a case with the prosecutor’s office of the province.
Well-known human rights lawyer Chel Diokno, who is one of the director’s counsels, said the filing of a case in court against the group actually provided them several avenues to be released, including immediate dismissal due to lack of probable cause, temporary freedom through bail, or outright dismissal of the case.
According to Diokno, “the filing of the case in court also gives Jade and his companions additional safeguards. As the accused in a court of law, they can now assert their right to a fair and speedy trial, to be presumed innocent, and other rights that protect ordinary people…from arbitrary prosecution.”
Diokno, a human rights lawyer who previously served as dean of De la Salle University’s College of Law, said they will do “whatever it takes within the law to set them free.”
Castro’s defense team can also still file a motion for reconsideration to ask the prosecution to reconsider its resolution to indict the four.
Castro’s family said they were disappointed with the latest development on the case, saying they were hoping that the prosecutor would dismiss the case.
“We are still optimistic that when this reaches the court, the judge will clearly see that my brother and his friends are innocent. We hope for continuous support from the public until Direk Jade and his friends are set free,” a statement from the family said.
