Torre’s Red Notice Tantrum: When Interpol’s Fax Machine Trumps the Constitution

By Louis ‘Barok‘ C. Biraogo — May 2, 2025

ANOTHER day, another Philippine law enforcement agency treating due process like a suggestion scribbled on a cocktail napkin. The Criminal Investigation and Detection Group (CIDG), led by Maj. Gen. Nicolas Torre III, is in hot water for detaining businesswoman Rotchelle Calle for six days in November 2024, all because of a “photocopied” Interpol red notice. No warrant, no court order—just a flimsy Xerox and a demand for a “Christmas gift.” Spoiler alert: this isn’t a heartwarming holiday tale. It’s a masterclass in legal violations, ethical faceplants, and systemic rot, with a side of Interpol misuse that would make even Kafka blush. Let’s unpack this mess with the glee of a lawyer spotting billable hours.

Arbitrary Detention: Interpol Cosplay Doesn’t Cut It

Let’s start with the big one: arbitrary detention under Article 124 of the Revised Penal Code (RPC). This law is crystal clear—public officers who detain someone without legal grounds are in deep kimchi. The CIDG’s excuse? A “photocopied” Interpol red notice, waved around like it’s the Magna Carta. Newsflash: an Interpol red notice isn’t an arrest warrant; it’s a glorified APB, a request to locate and maybe arrest someone pending extradition. Per Interpol’s own rules, it’s up to the Philippines to decide its legal weight, and guess what? Without a local court order, it’s worth less than an expired coupon.

The Supreme Court’s ruling in Pascasio Duropan v. People (G.R. No. 230825, June 10, 2020) slaps this nonsense down hard: detention without legal grounds is a no-go. Yet, Torre’s crew treated this photocopy like a golden ticket, detaining Calle without showing a single Philippine warrant. The Public Attorney’s Office (PAO) letter dated November 26, 2024, was blunt: where’s the court order from the Philippines or the UAE? Crickets. This isn’t law enforcement; it’s Law & Order: Special Photocopy Unit. The CIDG’s defense seems to be, “We detained her because… a fax machine told us to?” Good luck selling that to a judge who’s read the Constitution.

Procedural Violations: Six Days of Detention, Zero Haste

Even if we pretend the red notice had some magical legal mojo (it doesn’t), the CIDG still botched the procedure. Article 125 of the RPC demands that detainees be delivered to judicial authorities within 36 hours for serious offenses like fraud. Calle? She was held for six days—November 21 to 27, 2024—before being dragged to the Department of Justice (DOJ) to file a half-baked perjury case that the fiscal promptly yeeted for being “incomplete.”

The Supreme Court in Ramon S. Milo v. Angelito C. Salanga (G.R. No. L-37007, July 23, 1987) didn’t mince words: prolonged detention without judicial oversight is a due process violation. Six days is 144 hours, folks—four times the legal limit. The CIDG’s dawdling wasn’t just lazy; it was illegal. And forcing Calle to sign an affidavit claiming she “surrendered” before release? That’s not procedure; that’s a cover-up dressed in bureaucratic drag. The PAO’s letter calling for her release was a polite way of saying, “Y’all are breaking the law, and we’re not impressed.”

Ethics Dumpster Fire: ‘Silent Night’ or Extortion Night?

Now, let’s talk about the CIDG’s ethical implosion. On November 19, 2024, four officers showed up at Calle’s house, flashed the red notice, and suggested she could skip the Bureau of Immigration drama with a “Christmas gift.” Ah, the classic holiday shakedown—nothing says ‘Silent Night’ like a bribe demand. Calle, to her credit, told them to stuff their tinsel. Two days later, seven officers arrested her at Makati City Hall, and she endured “dire conditions” at CIDG headquarters. Classy.

This isn’t just bad optics; it’s a screaming violation of Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials, which demands integrity and bans soliciting gifts. The Philippine National Police’s (PNP) own Code of Professional Conduct, rooted in RA 6713, explicitly forbids cops from playing Santa’s little extortionist. Detaining Calle in conditions that would make a Dickens villain wince also breaches the PNP’s duty to respect human rights, as outlined in Ethics Review. And that affidavit trick? It’s the ethical equivalent of putting coal in your own stocking and calling it a gift. The Sandiganbayan, which handles RA 6713 violations for high-ranking officers like Torre, should be licking its chops.

Interpol Gray Zone: Duterte’s VIP Treatment vs. Calle’s Xerox Hell

The CIDG’s misuse of Interpol notices isn’t an isolated oopsie; it’s a symptom of a broader jurisdictional mess. Compare Calle’s case to former President Rodrigo Duterte’s arrest in March 2025, when an ICC warrant, channeled through Interpol, led to a meticulously choreographed operation with DOJ prosecutors on hand to ensure legality (NPR, March 12, 2025). Duterte got the presidential lounge treatment; Calle got a photocopy and a shakedown. The difference? Duterte’s case had an actual ICC warrant, while Calle’s relied on a red notice that might as well have been printed at Kinko’s.

Interpol’s role is to facilitate, not dictate, arrests (Interpol Red Notices). The Philippines’ own laws, as clarified in Bayan Muna v. Romulo (G.R. No. 159618, February 1, 2011), require international obligations to align with domestic statutes. Without a local warrant or extradition treaty with the UAE, the CIDG’s actions were legally baseless. The DOJ’s silence on Calle’s case, contrasted with its vocal support for Duterte’s arrest (Reuters, November 13, 2024), reeks of selective enforcement. Why the double standard? Perhaps because shaking down a businesswoman doesn’t make international headlines like bagging a former president.

Recommendations: Time to Clean House

This farce demands action, and not the “we’ll form a committee” kind:

Sanction Torre for No-Shows: The DOJ must penalize Torre for skipping the Makati prosecutor’s preliminary hearings on April 21 and 28, 2025. Dodging court dates isn’t a flex; it’s a red flag that screams, “I’m above accountability.”
PNP Internal Affairs Probe: The PNP’s Internal Affairs Service needs to launch a full-scale investigation into the CIDG’s systemic corruption. The “Christmas gift” demand isn’t a one-off; it’s a symptom of a culture where badges double as ATM cards.
Legislative Clarity on Interpol: Congress should pass legislation clarifying the domestic validity of Interpol notices. A law mandating local judicial oversight before acting on Interpol requests would slam the door on this kind of abuse.

Closing: A Gift That Keeps on Giving (Headaches)

The CIDG’s handling of Rotchelle Calle’s detention is a legal and ethical trainwreck, wrapped in a photocopied red notice and tied with a corrupt bow. From arbitrary detention to procedural violations to a bribe demand straight out of a bad mob flick, this case exposes the rot festering in Philippine law enforcement. Torre and his crew may think they’re untouchable, but the Makati prosecutor’s office and a growing public outcry suggest otherwise. Until the DOJ, PNP, and Congress step up, here’s a tip: if a cop asks for a “Christmas gift,” don’t reach for your wallet—reach for a lawyer.

Key Citations

Disclaimer: This is legal jazz, not gospel. It’s all about interpretation, not absolutes. So, listen closely, but don’t take it as the final word.