Lilibeth Oanes, wife of Rodolfo Oanes, filed the charges against the three PNP officials and a number of John Does before the Manila Prosecutor’s Office.
Oanes said her husband was not a car thief as claimed by the police following the shootout along Osmeña Avenue in San Andres, Bukid, Manila last week.
"He was working as floor manager of the Jagplag KTV located along J. Bocobo street and the police have no proof to back their accusation that he was involved in criminal activities," Oanes said in a two-page complaint.
Oanes said she learned about the death of her husband from a news program that flashed the names of the suspects.
She also belied police claims that her husband was part of the robbery gang on board a Toyota Tamaraw FX (PVF-777) that acted as back-up of a Hyundai van that was flagged down by police.
She maintained that the Tamaraw is owned by a cousin of her husband.
She claimed the vehicle, which police claimed was stolen, is owned by a relative and duly registered with the Land Transportation Office.
"No evidence was presented by the WPD to justify any connection between my husband’s boarded vehicle and the Hyundai van being tailed by the police," Oanes said.
The complainant also accused policemen of torturing her husband as shown by wounds on his hands and knees. "My husband’s body was full of torture marks, tell tale signs of torture belying the allegation of the police that my husband was engaged in a running gunbattle."
Oanes said she decided to seek justice by filing the charges against the top officials of the police organization.
"I decided to seek justice for the killing of my husband and to spare the lives of others who may fall victim to evil conspiracies being perpetrated by these butchers disguised as protectors and enforcers of the law," she said in her complaint.
Police maintained that the Rodolfo Oanes, Cenando Lannu, Romero de Jesus, Generoso Lopez and Edgar Sumido and a still unidentified companion engaged police in a gunbattle in the afternoon of Dec. 3.
Probers said the occupants of the Hyundai van refused to stop when police flagged it down for having no license plates. Instead of stopping, the van sped off, resulting in a chase.
When police officers were about to corner the suspects in the Hyundai van, another vehicle, allegedly the one carrying Oanes, joined in the fray. The occupants of the second vehicle allegedly opened fire at the lawmen.
After the shootout, President Arroyo arrived at the scene and congratulated the Manila police for a job well done.
One witness, a resident in the area, claimed he saw the shooting, bolstering the claim of lawmen that it was a legitimate police operation.