Ex-cops guilty of robbery

CEBU, Philippines - Branch 17 of the Regional Trial Court has found former members of the Philippine National Police accountable in the robbery of a businessman seven years ago.

Judge Silvestre Maamo, Jr. convicted Ahmed Lozano and Alex Hermoso and sentenced them to an imprisonment of two years, ten months and 20 days to six years, one month and 11 days.

Lozano held the rank of senior police officer 1while Hermoso was a police officer 2 prior to their dismissal from service.

Maamo said the prosecution successfully overcame the constitutional presumption of innocence of an accused.

“After a painstaking and careful examination of the evidences on record, it is considered view of the court that the prosecution’s claim is more credible and in accordance with the evidence on record,” read the decision.

Lozano and Hermoso, along with Jay Bolado, who is still at large, were charged before the court for robbery with violence and intimidation filed by businessman Jay Mark Deodoro.

Deodoro alleged that on September 5, 2007, the three took his wallet containing more than P41,800 and a driver’s license, his wristwatch (P5,000) and cellphone (P7,000) without his consent.

He said that was after Lozano, Hermoso, and Bolado accosted him while he was on his way to his store in A. Lopez Street, Cebu City.

Deodoro said Lozano accused him of being a drug user and under the influence of drugs and threatened to blow up his skull if he refused to go with them.

The three then brought him to Katipunan Street, Cebu City.

Hermoso, a resident of Canjulao, Lapulapu City, denied the allegation, saying it was impossible for him to be at A. Lopez Street because he was asleep in his house when the incident supposedly happened.

He said he was shocked when his named was mentioned in a report as one of those involved in a robbery incident. He alleged that the case filed against him was fabricated.

On the other hand, Lozano, a resident of A. Lopez Street, also denied the having  a hand in the crime, claiming that he left Cebu City for Siquijor for an official mission on September 4, 2007.

He said that around 3:30 p.m. the next day, when the incident was said to have happened, he was with then Siquijor police provincial director Orlando Ualat in Camp Kaipilan.

The testimonies of the accused were corroborated by other witnesses.

Maamo, though, ruled in favor of Deodoro.  The judge said the victim’s testimony was given in a straightforward and coherent manner and his version of the circumstances of the incident was more natural.

“There is no showing that he had any reason to falsely testify against them. In the absence of sufficient proof of any interest on the part of the said witness to testify falsely against the accused, his testimony must be accorded much weight and importance to support the prosecution’s case,” stated the decision.

The accused alleged that Deodoro’s filing of the case was in retaliation against them over the arrest and charging of the businessman’s sister-in-law.

Maamo, though, said the defense failed to produce documentary evidence showing that the charges against Precious Rubi Gabutan were indeed filed.

“The allegation of the defense that his (Deodoro) testimony might have been prompted and in retaliation against the accused, who are police officers whose report and information allegedly led to the arrest of his (Deodoro) sister-in-law, has not been satisfactorily proven,” added the decision.

In 2010, the Office of the Ombudsman for the Military and Other Law Enforcement Offices dismissed Lozano and Hermoso from police service for grave misconduct in relation to the case.—(FREEMAN)