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Police arrested yesterday the driver and three househelpers of news anchor Ted Failon for obstruction of justice after Failon’s wife, who died last night, was shot last Wednesday morning in the couple’s home.

Failon’s wife Trinidad Arteche Etong, 45, was declared dead by doctors of the New Era General Hospital at 8:50 last night. She had been in a coma and declared brain-dead after she sustained a bullet wound in her left temple after the shooting incident at 10:30 a.m. inside their house on 27 General Aquino street, Tierra Pura Subdivision in Tandang Sora, Quezon City.

Failon, Mario Teodoro Failon Etong in real life, a news anchor of ABS-CBN TV Patrol, claimed that his wife committed suicide.

Police picked up from the Failon residence driver Glenn Ponan, housemaids Carlota Morbos and Wilfreda Bollicer, and houseboy Pacifico Apacible and brought them to the Quezon City Police District (QCPD) headquarters at Camp Karingal in Quezon City.

Superintendent Franklin Mabanag, chief of the QCPD’s Criminal Investigation and Detection Unit (CIDU), said the four househelpers and Failon would face inquest for obstruction of justice or violation of Presidential Decree 1829, the law penalizing the obstruction of apprehension and prosecution of criminals.

Mabanag said the househelpers had cleaned the bathroom where the victim was found as well as the blue Mitsubishi Pajero with license plate XPE-293 that was used to bring the victim to the nearby New Era General Hospital.

Members of the household also claimed the caliber .380 Walther PPK pistol used in the shooting was found on the right side of the victim when she was discovered slumped inside the bathroom of the couple’s child on the second floor of the house.

He said Failon had immediately committed a violation when he touched the gun that was used in the shooting.

PAO fetches Failon from QCPD headquarters

Police investigators brought Failon to the Quezon City Police District headquarters in Camp Karingal last Wednesday night but he was later released.

Senior Inspector Roberto Razon said Failon’s arrival at the QCPD-CIDU at past midnight yesterday came after eight hours of negotiation.

Failon’s lawyers, ABS-CBN broadcaster Korina Sanchez and three bodyguards accompanied him to Camp Karingal.

QCPD director Senior Superintendent Elmo San Diego said Failon was already considered a suspect along with the other members of the household and all were being investigated.

Public Attorney’s Office (PAO) chief Persida Rueda-Acosta later fetched Failon from the police headquarters and accompanied him to the hospital to visit his wife.

Acosta also insisted that the police could no longer place Failon under arrest because the nine-hour period for his detention had already expired and the police have to secure an arrest warrant to hold Failon.

She said their entry into the case is an offshoot of the memorandum of agreement with the National Press Club (NPC), which provides that the PAO can provide legal assistance to newsmen who are facing criminal charges.

Failon must be accorded his constitutional right and must be treated as innocent until proven guilty, she said.

She also denied reports that Failon escaped from Camp Karingal, saying that she requested investigators to allow the broadcaster to visit his wife at New Era Hospital.

Acosta, Failon’s temporary lawyer, noted that there is no direct evidence yet linking Failon to the incident. She said that as of now, no complainant against Failon has been filed.

“We fetched Mr. Failon this morning to bring him to the hospital. He’s not going to flee. He is always available for statements. He’s not a fugitive. His wife needs him right now,” Acosta explained.

Acosta added that Failon’s househelpers cleaned the bathroom where the bloodied victim was found.

“We cannot blame the maids for cleaning the crime scene. They are not aware of the rules on the preservation of evidence,” the PAO chief said.

Acosta repeatedly said Trinidad’s shooting was a case of suicide.

She said that Failon left his gun at their house since he does not have a permit to carry firearms.

“It is a suicide as far as our forensic consultant is concerned,” Acosta told reporters during a press briefing at the hospital.

The police, however, insisted that the findings of PAO are immaterial to the investigation, since the Scene of Crime Operatives (SOCO) report would prevail in resolving whether the incident was a suicide or homicide.

Acosta said at the time of the incident Failon was hosting his daily morning radio program on dzMM and they have tapes to prove it.

She added that based on the affidavits of Failon, his driver and other witnesses, “this is generally a case of suicide.”

Acosta said if the case were not a suicide the relatives of Failon’s wife, especially her sisters and brothers, would have complained.

“As it is, they are one praying for her and for Ted Failon’s family,” she said.

She also revealed that the broadcaster’s wife made a financial investment that failed. “That’s what I heard from the family,” she said.

Failon has admitted that he and his wife quarreled on Tuesday night about some problems having to do with money but refused to elaborate.

He reportedly told his wife that they could cope with financial loss since they were poor before.

Meanwhile, Justice Secretary Gonzalez said he ordered PAO chief Acosta to stop acting as Failon’s lawyer.

“That is not their mandate (in PAO). I’ll charge them for administrative violations (if they continue). I have already called her (Acosta) and I’m issuing a formal memo,” said Gonzalez.

In an earlier telephone conversation, Acosta explained to Gonzalez that she believes it was within her authority to serve as lawyer of Failon.

The PAO chief served as Failon’s lawyer after dzMM officials contacted her last Wednesday afternoon to notarize the sworn statement of the broadcaster.

“She should not do that when there is no court order or mandate from us. She’s crazy. That’s none of her business,” Gonzalez said.

Lawyer Filomeno Arteche III, a cousin of Trinidad, denied earlier reports that the victim is already clinically dead.

“Her vital signs are significantly improving and her blood pressure is normal but she’s not yet out of danger,” Arteche said.

He reiterated that no one in their family is blaming Ted Failon right now. “We’re all sad (about the incident). We’re just praying for Trina’s speedy recovery,” Arteche said.

He said five of Trinidad’s siblings, together with Failon’s sister, are waiting at her hospital room.

He refused to comment if Trinidad had indeed attempted suicide.

“I haven’t seen any evidence and I have no basis to conclude.”

Escape from Karingal?

Police officials said Failon apparently “escaped” from the QCPD when he left after giving his statement to investigators.

“Technically he (Failon) slipped out of this office,” said lawyer Vimar Barcellano, chief of QCPD.

Investigator Police Officer 3 Joy Marcelo told reporters that Failon’s camp had asked permission from QCPD-CIDU deputy chief Superintendent Gerardo Ratuita to leave the office after giving his statement to visit his wife at the hospital.

Ratuita did not give Failon permission, but when the police official temporarily left his office, Failon and his companions left the QCPD-CIDU at past 7 a.m.

Barcellano said Failon’s camp was insisting the broadcaster should be released upon giving his sworn statement.

“But until the prescriptive period of 72 hours has not lapsed, our investigation is still not finished,” he said, noting a lot of verification still had to be done.

Mabanag said charges of obstruction of justice should have been filed as early as yesterday morning against Failon if he had stayed in the police headquarters.

“He (Failon) was abiding with the cleaning (of the bathroom where Etong was found and the Mitsubishi Pajero used to bring the wife to the New Era General Hospital). He also secluded himself from the investigation,” Mabanag said.

The househelpers cleaned the crime scene and they claimed that they did it on their own.

“There was a direct order from Ted for them (househelpers and drivers) not to talk to us,” Mabanag said.

Marcelo said investigators are also considering the filing of charges of obstruction of justice against Trinidad’s sisters Pamela and Nancy Arteche “because they refused to speak up.”

Mabanag said there were traces of blood in the master’s bedroom based on forensic examination done by the team of Dr. Filemon Porciuncula.

He said Failon had initially asked them not to go the master’s bedroom to respect the family’s privacy.

The police official also noted there were blood traces that did not appear to be just drops leading to the stairs.

Ratuita added that the slug recovered was deformed, indicating that it had hit a blunt object after passing through Trinidad’s head.

He noted that there was no bullet marks on the wall of the bathroom where the victim was found.

Investigators said the bullet’s trajectory was downward.

Mabanag said investigators have located the point of ricochet of the bullet behind the toilet bowl near the area where the victim was shot.

He said the point of ricochet was near the floor and investigators were puzzled why the point of ricochet was not level with the supposed point of entry of the bullet.

Mabanag also clarified that Failon had no scratches on his face or a bruised nose as earlier reported by investigators.

Failon not yet off the hook

Metro Manila police director Chief Superintendent Roberto Rosales said Failon and other members of the household were not yet off the hook, despite testing negative for gunpowder burns.

Dr. Porciuncula said that this was still inconclusive to determine if anyone among them fired a gun.

Police investigators and SOCO went back to the house of the couple before noon yesterday for a secondary search.

The family had initially barred the police from entering the house, but investigators insisted that the house is a crime scene and police have the right to enter.

Upon the arrival of the barangay chair and a lawyer from Failon’s camp, the police were finally allowed to enter the house.

Justice Secretary Gonzalez also ordered the Bureau of Immigration to include Failon in the bureau’s watch list to prevent the broadcaster from slipping out of the country.

Under immigration rules, a person placed in the watch list would be allowed to leave the country only after securing some requirements such as a police clearance. The National Bureau of Investigation (NBI) will be assisting the QCPD in the investigation of the case.

NBI Director Nestor Mantaring said Gonzalez ordered him to conduct a joint investigation with the Quezon City police.

Mantaring said the NBI’s Special Task Force (STF) led by head agent Arnel Dalumpines would coordinate with the QCPD. - With Perseus Echeminada, Edu Punay, Jess Diaz, Sandy Araneta, Mark Madrona - By Reinir Padua (Philstar News Service, www.philstar.com)

From: Yahoo.com News