DOJ wraps up probe on Atimonan shootout

MANILA, Philippines - The Department of Justice (DOJ) has concluded its preliminary investigation into the multiple murder charges against Superintendent Hansel Marantan, former Region IV-A director Chief Superintendent James Melad and other police and military officers for the killing of alleged jueteng operator Vic Siman and 12 others in Atimonan, Quezon last Jan. 6.

Senior Deputy State Prosecutor Theodore Villanueva, head of the investigating panel, said yesterday the case was submitted for resolution after all the respondents had filed their counter-affidavits.

The panel decided to end the preliminary investigation after Marantan failed to attend yesterday’s clarificatory hearing, which was requested by the military.

The DOJ panel conducted an ocular inspection of the site of the killing last week. A re-enactment of the incident was also conducted last Jan. 17 as part of the National Bureau of Investigation (NBI)’s fact-finding probe.

Villanueva said they conducted another ocular inspection – without request from any party – “to have our own appreciation of the evidence.”

He, however, refused to discuss their findings, which he said would be included in their resolution.

The panel also granted the request of the relatives of the victims for verification of the evidence submitted by members of the Army’s special forces, who backed up Marantan’s team.

The DOJ panel ordered the forensic examination of the digital camera used during and after the incident, which reportedly disproved the claims of several NBI witnesses.

Elmer Train, counsel of the military respondents, earlier submitted to the panel photos which they said would prove a cover-up by policemen involved in the operation.

One of the photos shows a man, wearing a red shirt, aiming a short firearm in the air. The soldiers said it proves the policemen fired the fatalities’ firearms to make it appear that there was a legitimate shootout.

In a 58-page joint counter-affidavit, Lt. Col. Monico Abang, Capt. Erwin Macalina, 1Lt. Rico Tagure, Cpl. Rogelio Tejares, Privates 1st Class Michael Franco, Alvin Roque Pabon, Ricky Jay Borja, Melvin Lumalang and Gil Gallego, and Private Marc Zaldy Docdoc and Emergin Barrete said there was tampering of evidence.

They said the policemen also shot one of the victims despite a soldier’s plea to take the wounded to hospital.