Ambush of Taiheyo manager: Cop insists alleged gunman, mastermind arrested legally

CEBU, Philippines – One of the police officers who responded to the shooting of the Taiheyo Cement Manager and who eventually arrested the suspects stood firm that the arrest was legal.

Speaking during the hearing of the motion to quash filed by Jerome Noel, the alleged mastermind of the shooting, PO2 Albert Luardo told Judge Gabriel Ingles that the arrest of Roberto Tercero and Jerome Noel was part of a hot pursuit operation.

Luardo said it was the Special Weapons and Tactics team that arrested suspect Orlando Sagnoy at the crime scene who later said during follow-up interrogation that Noel had hired them to kill Nestor Zamoras. They were reportedly promised P15,000 and were given P5,000 as down payment.

Luardo told the court Police Chief Inspector George Ylanan was the one who called them up and informed them that Sagnoy was willing to cooperate to help arrest Tercero, Noel's driver.

Tercero was later arrested at JY Square Mall after he was identified by Sagnoy.

Tercero and Sagnoy were in the custody of the police officers when Tercero called Noel to meet him at JY Square Mall. Noel arrived later on board a black Isuzu Spor-tivo and was identified positively by both Sagnoy and Tercero.

Luardo told the court it was at this point when he and PO2 Roy Veloso approached Noel's vehicle and introduced themselves as policemen. Noel disembarked from his vehicle and was frisked.

Luardo said they informed Noel of his Constitutional rights and the nature of his offense.

Luardo said they also saw a gun near the gearstick, but Noel reportedly failed to present documents or a permit to carry. Luardo said he also recovered magazines and live bullets.

In an interview, Noel's counsel Rodulfo Valmoria, Jr. told reporters they filed the motion to quash to emphasize that Sagnoy and Tercero was arrested without any counsel and, therefore, was illegal.

In the motion, Noel asked the information in the case be quashed, and that the evidence obtained "by virtue of the unlawful warrantless search" be suppressed.

But lawyer Braulio Padilla of the prosecution contended the arrest was legal as proven by Luardo's testimony.

Noel was arrested in relation to the ambush on Zamoras two months ago. Zamoras was traveling towards the Ayala Mall when two men on board a motorcycle fired shots at his vehicle. However, the bullets from the Ingram machine pistol of the suspect failed to penetrate Zamoras' bullet-proof car.

The court is expected to render its ruling on Noel's motion to quash anytime soon. (FREEMAN)