Penini case: PRO-7 told to probe mauling

CEBU, Philippines - The national headquarters of the Philippine National Police has ordered the Police Regional Office (PRO) 7 to conduct a motu propio investigation on the alleged mauling incident involving two policemen and a student from Papua New Guinea last Sunday.

Chief Supt. Alexander Roldan, the Acting Inspectorate General of the Internal Affairs Services (IAS) wrote to RIAS 7 to conduct the motu propio investigation and submit a report by Tuesday.

IAS made the order after learning from a report in a national newspaper that PO2 Bradford Lavandero and PO1 Phillip James Tanza allegedly used “excessive force” in arresting Papua New Guinea national Bennidict Penini.

Senior Insp. Felix Bihay, deputy chief of RIAS 7, explained that motu propio means they will conduct automatic investigation even without a complainant.

Bihay said RIAS 7 is now conducting a parallel investigation with the Regional Investigation and Detective Management Division (RIDMD) 7.

“We will be comparing notes (with RIDMD) para usa ra ang direction sa among recommendation,” Bihay said.

RIDMD 7 is headed by Supt. Audie Villacin.

Bihay said they are still gathering testimonies from witnesses in Barangay Banilad where the incident took place.

Hopefully by Monday, they can come up with a result of the investigation and recommendation for Lavandero and Tanza, both members of the Special Weapon and Tactics (SWAT).

Villacin, in an interview over GMA Balitang Bisdak, confirmed that they are still evaluating the incident.

“Ato pang i-evaluate ang reasonableness of the force used kay SWAT personnel man gud sila. They are considered police responders so they are allowed to use force as responders,” Villacin said.

Villacin further said that they will consider the whole picture of the incident and will not just punish the policemen who might just be doing their job.

But if Lavandero and Tanza will be found guilty, Villacin said they will face the maximum penalty of dismissal from service.

On the other hand, Villacin asked the schools or institutions with foreign enrollees residing in Cebu City to brief them of the rules and regulations to be followed here.

Yesterday, Bihay met with Chief Insp. Bonifacio Garciano, head of the Investigation and Detective Management Branch of the Cebu City Police Office, which is also tasked to investigate the incident.

Bihay said the meeting is part of their steps in building up the case. Last Wednesday, Penini left the country to relax and unwind in his native land.

 The 29-year-old foreigner will also discuss the incident with his parents and decide on the next move that they will take, according to his lawyer Fritz Lastimoso.

But Section 29 of the Republic Act 8551 or the Philippine National Police Reform and Reorganization Act of 1998, IAS is mandated to conduct a motu proprio investigation in spite of the absence of a complainant.

Bihay enumerated the five situations that police can conduct motu proprio investigation and these include incidents of illegal discharge of firearms by police; if there is serious physical injury or violation of human rights during the conduct of police operations; if evidence gathered is tampered with or lost in police custody; if the suspect incurs serious injuries while in police custody; and incidents where the established rules of engagements have been violated.

Penini’s case falls in the second and fourth situation, the RIAS 7 deputy chief said.

Last Sunday morning, Tanza and Lavandero went near Alicia Towers in Banilad, acting on a report that a foreigner, later identified as Penini, was causing trouble.

Penini reportedly hit the face of taxi driver Giovanni Catib, who was in the area waiting for passengers. The two policemen subdued Penini and allegedly kicked and hit him with an armalite rifle butt.

The reported mauling was caught on video by the crew of a local television station who came to the area to cover the incident.

Tanza and Lavandero were relieved from their posts following the incident and are now assigned with the Holding Unit of the CCPO pending results of investigation. — /MBG (FREEMAN)