MANILA, Philippines - The Court of Appeals (CA) has absolved 17 members of the Philippine National Police-Special Action Force (PNP-SAF) in the criminal case involving the death of a seafarer and his seven-year-old daughter during a shootout in Parañaque City in December 2008.
In a 10-page decision, the CA’s special seventh division affirmed the ruling of Parañaque City Regional Trial Court (RTC) Branch 260 dismissing the complaint for two counts of murder filed by Lilian de Vera for the death of her 53-year-old husband Alfonso de Vera and their daughter Lia.
Those cleared were Superintendent Jonathan Calixto; Chief Inspector Hermogenes Cabe; Senior Inspector Abraham Abayari; Inspectors Erikson Roranes and Ludivico Cordova; Police Officers 3 Hagar Torres, Jericho Otaboy, Guilbert Lopez, Felix Base, Eugene Papatew and Policarpio Jose Jr.; and PO1s James Yodong, Allan Apil, Efren Angcuan, Lloyd Bulayungan, Nemesio Gano and Sherwin Maybanting.
The CA held that there was no indication that the lower court committed grave abuse of authority that would warrant the reversal of judgment.
It agreed with the trial court that the prosecution failed to show strong evidence to support its claim that the accused PNP-SAF members conspired with the operatives of the Highway Patrol Group (HPG) in perpetrating the crime.
“A careful perusal of the testimonies of the prosecution’s witnesses would show that the evidence against private respondents is so weak to merit a reversal or annulment of the assailed judgment,” read the ruling penned by Associate Justice Socorro Inting.
It noted that witnesses Ronald Castillo and Hilario Indiana failed to identify the persons who shot and killed the victim.
In June 2010, the RTC also dismissed the two counts of murder case filed against eight HPG members. The CA had reversed the decision and instead ordered the issuance of arrest warrants against them.
The charges against the policemen stemmed from the complaint filed by Lilian, who accused the policemen of violating the PNP’s rules of engagement that led to the death of her husband and daughter at the United Parañaque Subdivision IV on Dec. 5, 2008.
De Vera said her husband and daughter were in their Isuzu Crosswind en route to Pasay City to pick her up when the police intercepted them in the subdivision in Sucat.
She said the policemen were cordoning off the area in an attempt to block a group of robbers who engaged policemen in a running gun battle on Sampaguita Avenue near the West Service Road.
De Vera said the policemen may have mistaken their van for one of the suspects’ getaway cars because they sprayed it with bullets despite the lack of provocation or shots coming from the Crosswind.
A total of 16 people, including the two victims and a police officer, were killed during the incident.