Murder charges slapped on 25 cops for slay of father, daughter in 2008By Benjamin B. Pulta

03/12/2010

Murder charges have been filed by prosecutors before the Parañaque City Regional Trial Court (RTC) against 25 policemen who killed a 53-year-old motorist and his seven-year-old daughter during pursuit operations against members of the Waray-Waray Ozamis robbery gang in Parañaque City two years ago which left 14 other individuals dead.

State Prosecutor II Stewart Allan Mariano found probable cause to indict the police officers for the death of Alfonso “Jun” de Vera and his daughter Lia Allan on Dec. 5, 2008 at the United Parañaque Subdivision IV, Parañaque City.

Chief State Prosecutor Claro Arellano and Assistant Chief State Prosecutor Richard Anthony Fadullon approved the resolution which recommended no bail for the 25 accused.

Charged were Supt. Jonathan Calixto, Chief Insp. Hermogenes Cabe, Senior Insp. Abraham Abayari, Insp. Erikson Roranes, Insp. Ludivico Cordova, PO1s James Yodong, Allan Apil, Efren Angcuan, Lloyd Bulayungan, Nemesio Gano and Sherwin Maybanting, PO3s Hagar Torres, Jericho Otadoy, Guilbert Lopez, Felix Base, Eugene Papat-Ew, and Policarpio Jose Jr., of the Philippine National Police-Special Action Force (PNP-SAF).

Also charged were Chief Insps. Lawrence Cajipe, Joel Mendoza and Gerardo Balatucan, and PO3s Jolito Mamanao Jr. and Fernando Rey Gapuz, PO2s Eduardo Blanco and Edwin Santos, and PO1 Josil Rey Lucena, all belonging to the PNP Highway Patrol Group.

The Department of Justice (DoJ) gave credence to the affidavits of eyewitnesses Hilario Dauz Indiana and Ronald Castillo who testified that De Vera and her daughter were not killed during the shootout between the accused and the robbers. Indiana said there was no exchange of gunfires as the policemen were in complete control of the area where the two were killed.

Castillo, on the other hand, corroborated Indiana’s account that the accused strafed the Isuzu Crosswind then being driven by De Vera, instantly killing his daughter who was seated in front of the vehicle.

Castillo further narrated when De Vera alighted the van to carry her daughter to safety, the policemen followed him and shot him in the head. The DoJ noted that 80 bullets were pumped into De Vera’s vehicle, indicating that a number of policemen could have fired at the vehicle of the victims.

“It is without an iota of doubt that respondent policemen from the SAF were seen by the two witnesses firing at the Crosswind vehicle of the De Veras, that they also shot Jun de Vera, and that there was no exchange of fire,” the resolution stated.

“Thus, for indiscriminately shooting the Crosswind van of the De Veras notwithstanding the fact that there was no direct aggression foisted on them, and without first ascertaining their identities, as a consequence of which Lia died, and for shooting an unarmed defenseless and unarmed civilian in the person of Jun de Vera, who merely tried to secure Lia to a safe place, respondents from the SAF and HPG are liable for murder, qualified by the abuse of superior strength,” it added.

The Justice department, however, cleared retired police Director General Leopoldo Bataoil, former head of the Directorate for Integrated Police Operations-Northern Luzon; Director General Leocadio Santiago Jr., chief of the SAF, and Chief Supt. Perfecto Palad, head of the HPG, of any criminal liability.

Three police generals who participated in the pre-operations briefing against the Waray-Waray robbery gang at Fort Bonifacio, were also cleared after prosecutors said there was no proof that they conspired or participated in committing the crime.

Aside from the three generals, the DoJ also exonerated Supt. Eleuterio Gutierrez Jr., saying the police officer was “practically rendered helpless as ground commander” due to a gunshot wound he sustained when his van was hit by bullets during the gun battle with the robbers.

The Justice department noted that when Gutierrez was seriously wounded, confusion ensued among the members of the operating team which resulted in the death of the De Veras.

The DoJ branded as “absurd and incredible” the claim of the HPG members that they were only armed with pistols and handguns during the operation and that none of them fired their weapons.

The ballistic examination report of the Southern Police District, according to the DoJ, contradicted the claim of the accused.

The charges against the policemen stemmed from the complaint filed by De Vera’s wife Lilian, who accused the policemen of violating the PNP’s rules of engagement that led to the death of her husband and daughter.

She claimed that the policemen were cordoning off the area in an attempt to block a group of robbers who engaged policemen in a running gun battle on Sampaguita Avenue, United Parañaque Subdivision 4, West Service Road.

The policemen, according to the complainant, might have mistaken their van, with license plate van XEW-327, for one of the getaway cars of the suspects. She said her husband and daughter were on their way to pick her up in Pasay City as they agreed to have a late snack together.

Back to top

For comments about this website:Webmaster@tribune.net.ph
The Daily Tribune © 2006