Supreme Court asked: Reinstate raps vs cops in Valle Verde 'rubout'

MANILA, Philippines - The Supreme Court (SC) has been asked to reinstate murder charges against five of 11 policemen indicted in the alleged rubout of suspected members of the Valle Verde carjacking syndicate in 2005.

Relatives of two of the three slain suspects filed a 38-petition last week asking the high court to nullify an earlier resolution of the Office of the Ombudsman that downgraded the charges against the policemen from murder to homicide.

Through lawyer and De La Salle University law dean Jose Manuel Diokno, Jennifer Eloise Manzano and Monique Cu-Unjieng La’o sought the issuance of a temporary restraining orderto prevent the Ombudsman from prosecuting the homicide cases and the Pasig City Regional Trial Court (RTC) from proceeding with the case.

Jennifer is a sister of Francis Xavier Manzano while Monique is the mother of Anton Cu-Unjieng. Francis and Anton were killed during an anti-carjacking operation on Nov. 7, 2005 conducted by elements of the Philippine National Police-Traffic Management Group (PNP-TMG).

The third one killed by police during the operation was Bryan Anthony Dulay. All three came from affluent families.

 Their families, however, insisted that the three were not killed during a shootout with policemen but were summarily executed, based on video footage taken by the crew of UNTV 37. The Ombudsman, they alleged, committed grave abuse of discretion by downgrading the charges to homicide and exonerating six police officers “when the evidence calls for the filing of murder charges” against all of them.

“The assailed Jan. 6, 2009 resolution... blindly ignored vital physical, forensic and video evidence that formed part of the record of the preliminary investigation. The resolution and order do not mention the number of firearms used by the policemen; the number of bullets they fired and cars and personnel they deployed; and the UNTV video footage, all of which are significant pieces of evidence,” the petitioners noted.

The filing of the information for homicide before the Pasig RTC was approved by overall deputy Ombudsman Orlando Casimiro.

The petitioners said the subsequent investigation conducted by the Commission on Human Rights also found that the three were victims of a police rubout.

They specifically sought the nullification of the 2009 resolution issued by the Ombudsman clearing the policemen of any administrative liability and downgrading the charges against Inspectors Hansel Marantan and Samson Belmonte; Police Officers 3 Rizalito Ramos Jr. and Lloyd Soria; and PO2 Dexter Bernadas from murder to homicide.

They also asked the court to reinstate as respondents in the case Chief Superintendent Augusto Angcanan, Inspector Henry Cerdon, and Police Officers 2 Jesus Fermin, Sonny Robrigado, Fernando Rey Gapuz and Rey Lucena.

The petitioners asked the SC to issue a subpoena for the UNTV 37 to produce the video footage of the incident for its review and to set the case of oral argument, and allow the showing of the UNTV video during the hearing.

“The UNTV video and the sworn admissions of the TMG men, among others, establish treachery, evident premeditation, and abuse of superior strength,” the petitioners said.