5 cops charged for drug suspect's death in 2008 raid

MANILA, Philippines - The Quezon City prosecutors’ office has recommended the filing of criminal charges against five anti-narcotics policemen for allegedly killing a suspected drug peddler during a raid two years ago.

Facing homicide charges before the Quezon City regional trial court are Police Officer 3 Leonardo Ramos, Police Officer 2 Joseph Ortiz, Police Officers 1 Alexander Jimenez, Peggy Lynne Vargas, and Teresita Reyes of the Quezon City Police District for the death of drug suspect Alibar Baybayan.

“The right to kill an offender is not absolute and may be used only as a last resort, and under circumstances indicating that the offender cannot otherwise be taken without bloodshed,” Assistant City Prosecutor Wilfredo Andres said in a resolution.

The fiscal dismissed complaints for trespass to dwelling, theft, damage to property, and falsification of documents lodged by Nur-In Baybayan, widow of the slain suspect.

Andres also junked the case filed by a neighbor, Lyn Sawadjaan, for malicious mischief and reckless imprudence resulting in damage to property related to the police operation.

Baybayan’s widow claimed her husband sustained 11 gunshot wounds from the gunbattle between him and the Quezon City police officers.

“They (police officers) must always bear in mind that although they are dealing with criminal elements against whom society must be protected, these criminals are also human beings with human rights,” Andres said.

The incident happened on April 22, 2008 at the Salaam mosque compound in Culiat. Baybayan’s widow claimed the police barged into their rented room without a warrant and shot him until he died on the house’s rooftop.

Baybayan’s widow claimed the police took away items such as cellular phones, cameras, a DVD and CD player after the shootout.

The policemen denied all charges against them, saying the supposed shooting was a legitimate operation against Baybayan, who is reportedly a drug pusher in the area. They submitted a copy of the complaint filed against the suspect and test results on the shabu recovered from him.

In dismissing Sadwajaan’s complaint for malicious mischief and reckless imprudence, the fiscal said it was not clear who caused damaged to her house as Baybayan was also armed during the gunbattle.