In a statement, the Freedom Fund also accused the police of protecting the suspect, PO1 Guillermo Wapille, and obstructing justice.
Last Jan. 30, the Pagadian City Regional Trial Court ordered the serving of an arrest warrant on Wapille, who was identified by two witnesses as the gunman.
Wapille was stationed at Camp Abelon in Pagadian City and was last seen there on Jan. 31, withdrawing his salary. He left the camp the following day, according to reports received by Director Marcelo Ele, officer-in-charge of the Directorate for Investigation and Detective Management of the Philippine National Police.
Superintendent Nelson Eucogco, Pagadian City police chief, was quoted as saying that he could not enforce the arrest warrant as Wapille was no longer under police jurisdiction since he had been dismissed from the service on Jan. 8.
But according to the Freedom Fund, witnesses said Wapille was assigned with the PNP Provincial Mobile Group and was stationed at Camp Abelon the whole month of January. He also continued to draw his salary from the police.
Reports received by the Damalerio family indicate that Wapille is still in Pagadian City, but the police there have neither found nor arrested him.
Meanwhile, the Freedom Fund said eyewitnesses to the Damalerio killing have been receiving death threats.
The Freedom Fund for Filipino Journalists, composed of the Kapisanan ng mga Brodkaster ng Pilipinas, Philippine Press Institute, Philippine Center for Investigative Journalism, Center for Media Freedom and Responsibility and the Center for Community Journalism and Development, condemned the police inaction and accused the local police of protecting Wapille.
"The police are clearly protecting a murderer," said the Freedom Fund. "It is evident they are not interested in prosecuting this case. We cannot let another journalist’s killer go scot-free. We call on the PNP to arrest Wapille and bring him to court now."
Damalerio, a hard-hitting radio commentator and managing editor of the Zamboanga Scribe, was shot dead on May 13, 2002 as he was driving his owner-type jeep along Pajares street in Pagadian City, not far from the police headquarters and the City Hall.
For months, the Freedom Fund said Damalerio’s family waited in vain for the PNP and the courts to take action. Last month, PNP chief Director-General Hermogenes Ebdane Jr. ordered the dismissal from the service and the forfeiture of all benefits of Wapille and Superintendent Asuri Hawani, former Pagadian City police chief.
The dismissals were issued six months after Damalerio’s relatives filed administrative and criminal charges.
Frustrated with the slow pace of justice and the apparent efforts of the local police to protect Wapille, media organizations held a dialogue with PNP officials last Jan. 7. The decisions were issued in response to appeals made by the Freedom Fund.
The dismissals, however, were never acted upon. Calls made by the Freedom Fund to police officials in Pagadian City indicated that the police were reluctant to enforce the order.
Two witnesses riding with Damalerio positively identified Wapille as the killer. But Hawani filed murder charges against another person, and failed to investigate Wapille, much less file the appropriate charges against him.
Hawani even used the name of Damalerio’s widow Gemma in filing the charges against the supposed fall guy.
"As a police officer, he (Wapille) has a bounden duty to maintain peace and order in the community and to protect the lives and limb of the citizenry and not to victimize the people they are bound to serve," Ebdane said in his decision.
"To allow (Wapille) to continue his services in the PNP would be a great insult to the organization," he added.
In Hawani’s case, Ebdane said he "displayed unprofessionalism in the discharge of his official duty contrary to the mandate of the Code of Conduct and Ethical Standards for Public Officials and Employees."
Ebdane added that there were aggravating circumstances that merited Hawani’s dismissal: his having taken advantage of his position and use of fraud to obstruct justice.