Philippine Air Force gets custody of 2 airmen tagged in cop's killing

MANILA, Philippines - Two members of the Philippine Air Force (PAF) who allegedly shot dead an off-duty policeman during a bar brawl were released to the custody of their superior officers following inquest proceedings at the Malabon City prosecutor’s office Friday afternoon.

The city police agreed to release Airmen First Class Regie Pobre, the alleged gunman, and Mark Santiago, both of the 750th Combat Group of the PAF Special Operations Wing stationed in Barangay Tonsuya after charging them with murder, frustrated murder and attempted homicide for allegedly killing PO3 Randy Francisco and hurting the victim’s cousin, Nelson Palero.

Assistant City Prosecutor Lemuel Nobleza held in abeyance the determination of probable cause against the suspects during the inquest after counsel for the accused PAF Judge Advocate General Service Rogelio Bautista sought custody of the two men.

The prosecutor’s office granted a waiver of detention, which gives the suspects seven days to file a counter-affidavit. The suspects will still be under detention during this period.

Citing Article 125 of the Revised Penal Code, Chief Prosecutor Jorge Catalan Jr. said the prosecutor has 15 days within which to resolve the case and submit it for resolution.

Only at the end of this period, Catalan said, will his office determine probable cause and formally charge the suspects.

Tension gripped the proceedings when the question of custody was raised. The prosecutors wanted the suspects held by the police, but Catalan ruled they were no longer authorized to commit the two men to jail. Commitment orders now rest with the judge, he said.

No bail was recommended for the suspects’ temporary liberty as murder is a non-bailable offense.

Catalan said the issue of custody is now between the Malabon police chief Senior Superintendent Roberto Villanueva and the suspects’ commanding officer, Major Otto Thomas Aquinas Pacia.

In an affidavit of undertstanding, a copy of which was obtained by The STAR, First Lieutenant Nino Ely Espinola, commander of the 751st Civil Military Operations Squadron based in Camp Aguinaldo, said he was taking the suspects in his custody “for investigation being conducted by our office for violation of Articles of War” in relation to the shooting in Malabon.

He promised to produce Pobre and Santiago “at any time and day as directed by the court, prosecutor’s office or police office during investigation or court hearing.”

Villanueva said once the prosecutor’s office comes out with a resolution on the charges against the suspects, the military “will surrender them to the local court.” – Jerry Botial, Pete Laude