Charged in the provincial prosecutor’s office were Inspector Aurelio Siupan, deputy police chief of Solano; and his men, SPO3s Alfredo Tabernero and Benerando Bayle, SPO2 Renato Francisco, and PO2 Henry Valenzuela.
They were tagged in the killing of SPO4 Orlando Somera, based at Camp Bado Dangwa in Lagawe, Ifugao, who was gunned down in an alleged shootout in Solano town last Aug. 10.
Meanwhile, Superintendent Dominador Villalobos, chief of the Philippine National Police’s Internal Affairs Service here, said his office is conducting a separate administrative investigation against Siupan and his men.
Villalobos said they are still collating evidence against the five law enforcers, although one of them, PO2 Valenzuela, was found positive for gunpowder burns.
"We are conducting a coordinated investigation with the NBI on this matter, with us handling the administrative aspect and the NBI handling the criminal aspect," he said.
Based on their findings, Villalobos said the Solano policemen apparently committed abuse of discretion and violated the rules of engagement for policemen.
"There was apparently undue force used, when they could have (employed) minimum force to peacefully disarm the victim," he said.
According to Villalobos, the five policemen face automatic dismissal from the police service if they are found guilty of the charges.
The incident occurred when the Solano policemen responded to a phone call alleging that a drunken man armed with a pistol was creating trouble in a nightspot.
According to the Solano police, the shootout was legitimate because Somera fired back at the responding policemen with his caliber .45 pistol.
Sources, however, alleged that no real shootout occurred and that one of the responding policemen, later identified as PO2 Valenzuela, merely shot Somera, who was unable to fire back.
The sources also alleged that the Solano policemen fired Somera’s pistol thrice, apparently to make it appear that he shot them.
Somera was rushed to a local private hospital and then transferred to the Veterans Regional Hospital here. He, however, later died due to loss of blood.