Two Department of Justice (DOJ) prosecutors in Batangas were charged administratively in the alleged illlegal arrest and detention and mishandling of the complaint for theft of grave marker filed against two employees of a memorial park.

Lawyer Alexis Oco, legal counsel of Eternal Gardens Memorial Park in Batangas City, said "there was abuse" in the arrest of the firm's employees Arnel L. Alibuzo and Marizza A. San Diego.

Oco accompanied Alibuzo and San Diego to the DOJ on Thursday, Oct. 19, to also ask the transfer of the investigation of the complaint from Batangas to the DOJ's main office in Manila.

The lawyer, however, did not identify the two prosecutors who were charged administratively.  A copy of the complaint was not available as of posting.

Alibuso and San Diego were released from the police detention last Monday, Oct. 16, after their arrest on a complaint filed by one of the two prosecutors who were charged administratively, Oco said.

“We filed an administrative complaint to formally ask the secretary of justice and the DOJ to look into the possible irregularities during the illegal arrest, the inquest proceeding and the detention of Mr. Alibuzo and Ms. San Diego that happened,” Oco said.

“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,” the lawyer pointed out.

“So, just to spare everyone of this doubt, to spare the prosecutors of this controversy, we are asking the secretary of justice t

o transfer the venue of the preliminary investigation,” he added.

At the same time, Oco said “we called on the prosecutors, even without the order of the secretary of justice, to voluntarily inhibit themselves from hearing this case.” 

Narrating the circumstances on the theft charge, Oco said that last Friday, Oct. 13, Eternal Gardens received a complaint from the female prosecutor about the missing gravestone.

On the same days, he said, the prosecutor sought police assistance and the two employees were taken to the police station.

“However,  we were informed that later the two employees were arrested, read their Miranda rights, and inquest proceedings were conducted,” he said. 

He also said that aside from being unjustly detained for three days, “they were subjected to investigation, questioning without the presence of a counsel of their choice and the inquest proceeding was presided by another member of the city prosecutor without the presence of the counsel of choice of the two employees or even at least a member of the Public Attorney’s Office.”

“Let us be clear that Eternal Gardens has zero tolerance policy against theft. We will never condone any wrongdoing from our employees. However, we will provide assistance during times the rights of our employees are being violated,” he stressed.