Commission on Human Rights to probe 'rubout' in Quezon City

MANILA, Philippines - Commission on Human Rights (CHR) chairwoman Leila de Lima ordered yesterday an investigation of what she described as a “very disturbing” and “highly questionable” police operation in which three alleged car thieves were shot dead allegedly after they were cornered and subdued.

She said that based on video footage taken by an ABS-CBN television crew, the clash may have been a “rubout” because it showed policemen in plain clothes armed with assault rifles firing at the suspects at point blank range.

Police claimed there was a car chase and a firefight. The footage showed the vehicle, which had already stopped, with two suspects inside and another sprawled on the ground. All appeared motionless.

Two policemen could then be seen running toward the car and firing straight at the suspects. It was not clear whether they were already dead.

“This is very disturbing, unsettling and appalling,” De Lima said after watching the video.

She said that, based on the footage, police had also violated the rules of engagement.

“There was no clear resistance or provocation seen already. It would appear that the confrontation was already over… There was no immediate threat and yet they still used excessive force,” De Lima said.

She said she set up a six-person panel to investigate the incident and added that the policemen could be charged pending results of the probe. The officers involved have not been suspended and are still on duty.

Philippine National Police (PNP) chief Director General Jesus Verzosa has promised to cooperate fully in the investigation, De Lima said. The CHR has the power to recommend charges, but cannot itself prosecute.

He said “there is a clear rule for policemen regarding the use of deadly force. In such instances, we recognize the presence of imminent danger not only to the police officers themselves but to civilians as well.”

Why focus on rubout?

Quezon City Police District director Chief Superintendent Magtanggol Gatdula said yesterday it was unfair that his policemen were being portrayed as “villains,” noting that their work has resulted in the continuous decline in the number of car theft and carjacking cases in the city.

“I will not make these criminals better than my policemen… They didn’t respect authorities (and are a) social menace, and yet the focus now will be on the alleged rubout?” he said.

Gatdula said the two policemen seen in the footage have been disarmed and restricted to administrative work pending an internal investigation.

He refused to divulge their names, saying they should also protect the policemen and their families from threats that could come from the camp of the slain suspects.

Gatdula said the two policemen could not be subjected to preventive suspension since a formal charge has yet to be filed against them. He noted that it has yet to be established that the policemen actually fired shots at close range at one of the suspects.

Contrary to claims by the slain suspects’ relatives, police said Alfredo Pimentel Jr., 26; Rolando Batapa, 26; and Romeo de Guzman, 27, have pending cases against them. All are residents of Makati City.

Metro Manila police chief Director Leopoldo Bataoil said Pimentel and Batapa have a standing charge of frustrated murder while De Guzman is on trial for robbery before the Makati City regional trial court.

According to the police, the three slain suspects were earlier spotted along with another cohort in a stolen Honda Civic in Mandaluyong City Tuesday night by operatives of the Highway Patrol Group. The suspects tried to evade arrest and sped towards Quezon City.

After an alarm was flashed, QCPD anti-carjacking policemen spotted the vehicle, but its driver continued driving until they reached the corner of EDSA and NIA Road. The driver got off and escaped, and the three remaining suspects engaged the lawmen in a gun battle. – With Reinir Padua, Cecille Suerte Felipe