Former Capitol security consultant Byron Garcia has filed a complaint with the Commission on Human Rights (CHR) 7, alleging that police officers subjected him to unlawful treatment while he was in custody despite his age and medical condition.
The brother of former governor Gwendolyn Garcia announced the complaint during a press conference in Cebu City on Friday, June 19, a day after filing it. The complaint stems from his arrest last June 11 in connection with charges filed by provincial public health consultant Dr. Elisse Nicole Catalan. Catalan accused Garcia of making misogynistic remarks, body-shaming comments and sexist ridicule against her and her mother, Gov. Pamela Baricuatro, through Facebook posts and videos. Garcia has denied wrongdoing and is challenging how the cases against him were handled. His complaint before CHR 7 names Talisay City Police Station Chief Lt. Col. Homobono Sayon, although Garcia said other officers could be included as the investigation progresses.
Detention and medical concerns
At the center of Garcia's complaint is his claim that police officers failed to properly respond to his medical needs while he was under their custody. Garcia, who said he is 65 years old and has diabetes, recounted a series of events that he believes caused a sharp rise in his blood sugar levels during his detention.
He said around 30 personnel from the Provincial Intelligence Unit arrested him at the Talisay Fish Port. After booking procedures, he underwent a medical examination at Cebu South Medical Center, where his blood sugar level was measured at 270 milligrams per deciliter (mg/dL). According to Garcia, doctors recommended further medical attention, but he was instead kept overnight at a police station. The following day he was transferred from a storage room to a regular detention cell after complaints that he was receiving special treatment.
Garcia alleged that a police officer later secured his insulin and maintenance medicines, leaving him without access to them for several hours. He said his blood sugar level climbed to 327 mg/dL before emergency responders brought him back to Cebu South Medical Center. Doctors later ordered his transfer to Vicente Sotto Memorial Medical Center in Cebu City because of concerns about possible complications. Garcia was released on P108,000 bail before noon on June 13.
Elderly detainees' rights
Garcia said authorities failed to recognize protections that he believes should apply to senior citizens and detainees with medical conditions. “Whether you like it or not, madam governor (Baricuatro), I am already special. I should be afforded that special treatment,” Garcia said in a mix of Cebuano and English, referring to his being a senior citizen and living with diabetes. His complaint cites what he described as violations of jail management regulations and provisions of Republic Act 9994, or the Expanded Senior Citizens Act. Garcia maintains that elderly detainees with health conditions should receive special protection and, when necessary, be housed separately from the general jail population. He also said police officers ignored his physical condition when they handcuffed both of his wrists despite a gout flare-up.
Questions over detention cell conditions
Garcia described the detention cell as overcrowded and unsuitable for someone with his medical condition. He said 32 detainees shared the cell and claimed sanitation facilities were inadequate. He also alleged that officers withheld medication while his blood sugar levels continued to rise. The former consultant later released data from his continuous glucose monitoring device, which he said supports his account of the blood sugar spike. He remained hospitalized on June 14 for a magnetic resonance imaging (MRI) examination and said doctors stabilized his condition before discharging him on June 15. Garcia also discussed MRI findings that he said showed small spots that doctors believed could indicate a past minor stroke, although they could not determine when it may have occurred. “There could also be a possibility that it was caused by the extended hyperglycemia that I experienced inside the cell,” he said.
Claims of surveillance before the arrest
Aside from the detention issue, Garcia alleged that individuals had been monitoring his residence before the warrant was served. He claimed individuals in civilian clothing and on motorcycles were stationed near his home as part of what he described as a counter-intelligence operation. He said he could not determine whether the alleged surveillance came from provincial or regional police authorities. His claims have not been independently verified.
Seeking due process
Garcia and his lawyers also questioned how the criminal cases against him moved forward, arguing that he was denied the opportunity to respond before charges were filed. “Never have we received any complaint. We were not given a subpoena, nor were we given anything. So I would say this is becoming a pattern…where we suddenly end up being served a warrant in a case like this,” he said. Garcia and his son said the family had no knowledge of the pending case until his arrest on June 11.
Garcia was charged with three counts of malicious gender-based online sexual harassment before Mandaue City Prosecutor's Office. Records show that a preliminary subpoena issued on Jan. 30 was marked “return to sender” on Feb. 19 with the notation that no one was available to receive it. His legal team said his residence, a subdivision in Talisay City, has security personnel on duty around the clock who routinely accept deliveries and legal notices. Garcia added that subdivision security logs allegedly show no postal personnel visited the property during the period in question.
A wider legal battle
Garcia filed the complaint as he faces multiple legal challenges linked to his criticism of Capitol officials. Aside from the harassment case, he said he is also facing a cyber libel complaint filed by orthopedic surgeon Dr. Janos Vizcayno Jr., the son-in-law of Baricuatro, before the Mandaue City Prosecutor's Office in December 2025. The CHR 7 complaint is, for now, the only case Garcia has filed over his detention. He said his lawyers are continuing to examine the evidence as they consider whether further administrative or legal action is warranted.
