8 cops ordered arrested for bloody Parañaque shootout
THE Court of Appeals (CA) ordered the arrest of eight Parañaque police officers involved in the death of a civilian and his daughter during a shootout with the notorious Waray-Waray Ozamis robbery gang in December 2008.
The CA’s Eight Division likewise directed the Paranaque Regional Trial Court (RTC) to reinstate the complaint for two counts of murder against Police Chief Inspectors Lawrence Cajipe and Joel Mendoza, Police Inspector Gerardo Balacutan, Police Officer 3 Jolito Mamanao Jr., Police Officer 3 Fernando Rey Gapuz, Police Officer 2 Eduardo Blanco, Police Officer 2 Edwin Santos and Police Officer 1 Josil Rey Lucena.
The policemen were ordered to face trial for the murder of 53-year-old seaman Alfonso “Jun” de Vera and his seven-year-old daughter Lia Allan.
In a decision written by Associate Justice Noel Tijam, the CA said the Parañaque court committed grave abuse of discretion in dismissing the complaint against the policemen after it did not find judicial probable cause for the issuance of a warrant of arrest against them.
It reversed and set aside the trial court’s ruling that held there was no probable cause for the issuance of an warrant of arrest because the complainant, Lilian, wife of the victim, did not mention any of the policemen to have participated in the shooting and killing of the victims.
The trial court’s finding of probable cause was anchored on the policemen’s defense that the evidence tends to show that “they acted only as members of a blocking force during the shooting incident which led to the death of Jun and Lia.”
The CA said the trial court dismissed the murder charges without evaluating the evidence of both parties in a full trial. Contrary to the RTC’s findings, there is sufficient basis to proceed with the trial.
“This Court, thus, is of the considered view that there is ample evidence and sufficient basis on record supporting a finding of probable cause. Needless to say, a full-blown trial is to be preferred to ferret out the truth,” the CA added.
Concurring with the ruling were Associate Justices Romeo Barza and Edwin Sorongon.
The Paranaque RTC’s decision prompted the government prosecutors to elevate the case before the CA.
Records showed Cajipe and his men were among the 25 cops who were initially charged before the Department of Justice for the shooting incident, which took place on December 5, 2008 at the United Parañaque Subdivision IV, West Service Road.
The shooting also resulted in the killing of 14 robbery suspects.
The DOJ leaned on the affidavits of eyewitnesses Hilario Dauz Indiana and Ronald Castillo, who both claimed that De Vera and her daughter were not killed during the shootout between the 25 accused and the robbers.
In fact, the DOJ pointed out that there was no exchange of fire as the policemen were in complete control of the area where the two were killed.
Castillo corroborated Indiana’s account that the policemen peppered with bullets the Isuzu Crosswind then being driven by De Vera, instantly killing his daughter who was seated in front of the vehicle.
When De Vera alighted from the van to carry her daughter to safety, the policemen followed him and shot him in the head.
Based on investigations, there were some 80 bullets pumped into De Vera’s vehicle, indicating that a number of policemen could have fired at the vehicle of the victims, contrary to the claim of policemen that they were caught in the crossfire with the robbery group.
In the complaint filed by De Vera’s wife, the policemen allegedly violated the Philippine National Police’s (PNP) rules of engagement that led to the death of her husband and daughter.
The wife said the policemen were cordoning off the area in an attempt to block a group of robbers who engaged policemen in a running gunbattle on Sampaguita Avenue.
The policemen, according to the complainant, might have mistaken her husband and their van, with license plate van XEW-327, as one of the getaway cars of the suspects.
She said her husband and daughter were on their way to pick her up in Pasay City as they agreed to have a late snack.
http://www.sunstar.com.ph/manila/local-news/2012/06/17/8-cops-ordered-arrested-bloody-paranaque-shootout-227323
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