DOJ okays charges vs 25 Parañaque policemen

MANILA, Philippines - The Department of Justice has approved the indictment of 25 policemen for the killing of two civilians during a bloody shootout with a robbery gang in Parañaque City in December 2008.

But the DOJ cleared three police generals – retired Director Leopoldo Bataoil, former head of the Directorate for Integrated Police Operations – Northern Luzon; Director Leocadio Santiago Jr., chief of the PNP-Special Action Force (SAF); and Chief Superintendent Perfecto Palad, head of the PNP -Highway Patrol Group (HPG) – who were also charged with murder last year by the widow of victims Alfonso de Vera and daughter Lia Allana.

In a 16-page resolution approved by the Chief State Prosecutor, the DOJ said it has found probable cause to file charges of two counts of murder against the 25 police officers from SAF and HPG before the Parañaque City regional trial court.

Named accused from SAF were: Superintendent Jonathan Calixto, Chief Inspector Hermogenes Cabe, Senior Inspector Abraham Abayari, Inspectors Erikson Roranes, Ludivico Cordova, PO1 James Yodong, Allan Apil, Efren Angcuan, Lloyd Bulayungan, Nemesio Gano and Sherwin Maybanting, PO3 Hagar Torres, Jericho Otadoy, Guilbert Lopez, Felix Base, Eugene Papat-ew and Policarpio Jose Jr.

Charged from HPG, were: Chief Inspectors Lawrence Cajipe, Joel Mendoza, Gerardo Balatucan, PO3 Jolito Mamanao Jr. and Fernando Rey Gapuz, PO2 Eduardo Blanco and Edwin Santos, and PO1 Josil Rey Lucena.

Testimonies

The DOJ gave weight to the testimonies of eyewitnesses Hilario Dauz Indiana and Ronald Castillo during preliminary investigation.

“It is without an iota of doubt that respondent-policemen from the SAF were seen by the two witnesses firing at the Crosswind vehicle of the De Veras, that they also shot Jun de Vera, and that there was no exchange of fire,” the resolution stated.

“Thus, for indiscriminately shooting, the Crosswind van of the De Veras notwithstanding the fact that there was no direct aggression foisted on them, and without first ascertaining their identities, as a consequence of which Lia died, and for shooting a defenseless and unarmed civilian in the person of Jun De Vera, who merely tried to secure Lia to a safe place, respondents from the SAF and HPG are liable for murder, qualified by the abuse of superior strength,” it added.

Indiana testified that De Vera and his daughter were not killed during the shootout between the accused and the robbers.

In fact, Indiana said there was no exchange of bullets as the policemen were in complete control of the area where the two were killed.

Castillo, on the other hand, corroborated Indiana’s account that the accused strafed at the Isuzu, Crosswind then being driven by De Vera, instantly killing his daughter who was seated in front of the vehicle.

The witness narrated that when De Vera alighted from the van to carry his daughter to safety, the policemen followed him and shot him in the head.

The DOJ noted that 80 bullets were pumped into De Vera’s vehicle indicating that a number of policemen could have fired at the vehicle of the victims.

As for the three generals, the DOJ ruled that although they participated in the pre-operations briefing against the Waray-Waray robbery gang at Fort Bonifacio, there was no proof that they conspired or participated in committing the crime.

“Respondents Bataoil, Palad and Santiago Jr., could not be held criminally liable therefore, absent any indicia of proof that they indeed attended the briefing, and directed, much less participated in the actual operations, which sadly, had gone awry,” the resolution stated.