Byron Garcia eyes charges vs police, cries maltreatment during arrest

Local

FORMER Cebu Provincial Detention and Rehabilitation Center (CPDRC) consultant Byron Garcia is considering filing charges against law enforcement personnel over alleged due process violations in the case that led to his arrest and alleged maltreatment during his detention.

Garcia was arrested on June 11 for alleged violation of alleged violations of the Safe Spaces Act (Gender-Based Sexual Harassment Act) filed by Dr. Elisse Nicole Catalan, daughter of Cebu Gov. Pamela Baricuatro.

The brother of former Cebu governor Gwendolyn Garcia alleged that he was never properly served a copy of the complaint filed against him and was not given the opportunity to respond before a warrant was issued.

"Wa ko kadawat sa copy sa complaint. Wala mi tagae sa fiscal. We were not afforded due process (We didn’t receive the copy of the complaint. The fiscal didn’t provide us a copy. We were not afforded due process)," Garcia said in an interview over Dottv.

According to him, records allegedly showed that the complaint was sent through the post office and reached his residence in Corona del Mar on Feb. 19, but was returned to the sender after being marked as having "no person to receive" the document.

He disputed this claim, saying there are established procedures for receiving documents in their subdivision.

"Everything should be processed by the guard. Mopirma ka sa guard house, manawag ang guard. Ang log book, wala man sa guard house records," he said, adding that he obtained a certification from the subdivision manager supporting his assertion.

Asked whether the complaint was properly served, Garcia replied: "Wala gyud."

Garcia also questioned why no resolution was furnished to him after the complaint was supposedly filed.

"Pareha gihapon sa iyang bana nga case nga gi-file. Atubangan sa judge moingon nga gipadala, but until now wala gyud mi kadawat. Wala mi kalibutan ana," he said.

He maintained that he had no knowledge of the complaint until his arrest on June 11.

"Mao nay as to the case, mao akong maistorya. Wala ko kabasa aning complaint nila," Garcia said.

Aside from raising concerns about the legal process, Garcia also alleged that authorities failed to consider his medical condition during his detention.

Garcia, 65, said he suffers from uncontrolled diabetes and gout.

He claimed the handcuffs aggravated swelling in his hands despite his requests for adjustments.

"Nihubag akong kamot tungod sa akong gout and nisamot ni pag-posas sa ako. Akoang gihangyo nga luagan but wala sila maminaw," he said.

Following his arrest, Garcia said he was brought to the Cebu South Medical Center in Talisay City, where his blood sugar reading reportedly reached between 240 and 270.

"The discovery was alarming nila," Garcia said, adding that one of the doctors recommended that he be referred to the Vicente Sotto Memorial Medical Center.

However, Garcia alleged that a police doctor later instructed medical personnel to send him to jail instead.

He said he was subsequently brought to a storage room, where he was provided an electric fan and a folding bed.

Garcia argued that authorities should have recognized his health condition and afforded him special treatment.

"I have a medical condition. I have uncontrolled diabetes. They should have identified me as someone to be given special treatment," he said.

He further alleged that he was left without food and even water while under detention.

According to Garcia, another police officer later entered

the facility and questioned what had been reported as special treatment, resulting in him being transferred to the regular detention area with other detainees.

Garcia claimed several officers on duty that night were later relieved from their posts.

He said he began feeling dizzy and believed his condition could have worsened had another police officer not intervened.

"Ang mga detainee naalarma sila. Gibiyaan lagi ko," he said.

Garcia said he was eventually transported by ambulance from the detention center back to the Cebu South Medical Center after authorities became concerned over his condition.

He said his blood sugar level remained high at around 270, prompting doctors to conduct further examinations, including checks on his heart and brain.

He has since sought assistance from the Commission on Human Rights (CHR), which he said assigned an investigator to look into the incident.

Garcia said he intends to identify and file complaints against personnel he believes were responsible for the alleged maltreatment.

"Mokiha ko," he said.

He also claimed that an instruction had been issued by the regional police command on June 12 allowing him to be transferred to the hospital of his choice, but alleged that this was not carried out.

Garcia further cited a police doctor's assessment regarding prolonged hyperglycemia and said he was unable to access his prescribed medications while detained.

"They violated the law," he said.

Garcia's arraignment has been scheduled for July 25.

Authorities have yet to issue a statement on Garcia's allegations, as of this writing.(MyTVCebu)