Charge cops in death of 16 in Parañaque shootout—CHR

MANILA, Philippines—(UPDATE 3) The Commission on Human Rights (CHR) on Monday recommended the filing of administrative and criminal charges against 18 policemen including two police generals, who were involved in the fatal shootout with robbers inside a Paranaque subdivision that killed 16 persons over a year ago.

In a CHR resolution, Chairperson Leila De Lima said that those to be charged both criminally and administratively include 18 members of the elite police unit Highway Patrol Group (HPG) and three police officials.

The CHR said the policemen committed “multiple human rights violations” during the 40-minute shootout last December 5, 2008, which led to the death of six civilians, including seven-year old Lea Alyanna De Vera, at the United Parañaque Subdivision 4 in Barangay (Village) Marcelo Green.

The three police officials recommended for criminal and administrative charges for “obstruction of justice” are: Superintendent James Cristobal; Chief Superintendent Perfecto Palad, the former chief of the HPG and Chief Superintendent Orlando Mabutas, current chief of the HPG.

De Lima said the three officials failed to institute sanctions against the policemen involved, particularly in the killing of De Vera and her father Alfonso.

The policemen recommended for criminal and administrative charges for the deaths of De Vera and Ronaldo Eusebio were: Chief Insp. Joel L. Mendoza; Chief Insp. Lawrence B. Cajipe; Insp. Gerardo B. Balatucan; Insp. Doroteo R. Tolentino; Police Officer 3 Jolito P. Mamanao Jr.; PO3 Fernando Rey S. Gapuz; PO2 Eduardo G. Blanco; PO1 Josil Rey I. Luceña; PO2 Edwin C. Santos; and PO1 Elybeer Cayaban.

Others included are Senior Police Officer 1 Jayson A Galimba; PO3 Arvin S. Ramos; PO3 Edwin C. Cuadra; PO3 Jesus S. Pascual; PO2 Fidel Quirejero; PO2 John I. Idio; and PO1 Wilfredo B. Reyes.

De Lima said the CHR was “greatly alarmed at the ease with which PNP personnel under investigation can conceal weapons subject of firearms identification and examination by the PNP Crime Laboratory.”

In its investigation, the CHR revealed that members of the HPG failed to surrender their firearms to the Crime Laboratory for testing.

De Lima denounced the statement from the policemen who said they failed to surrender their firearms because the weapons they were carrying at the time of the shootout were not used.

“This position cannot explain the discovery of at least seven 5.56mm shells for M16 rifles recovered near the body of Alfonso De Vera, or the high-velocity bullet that killed Lia Alyanna,” De Lima said.

“We find the members of Team II of the HPG most probably liable not only for murder, but for obstruction of justice as well, for knowingly and deliberately concealing and failing to surrender the long firearms they used in the killing of Lia Allana and Alfonso De Vera consisting of, as testified by Hilario Indiana, M16s, baby armalites and M14s,” she added.

The CHR added several police operational procedures (POP) were violated in the encounter such as the rule on moving vehicles.

Under Rule 8 of the POP, “Moving vehicles may not be fired upon solely to disable them. The driver or other occupant of a moving motor vehicle may be fired upon if the police have probable cause to believe that the suspects pose an imminent danger of death to the police or other persons.”

However, De Lima said policemen still fired upon the vehicle of the De Vera family “although they do not present any threat to the HPG men.”

Also violated by the operatives during the shootout were Rules 6 and 7, on the use of deadly force and on reasonable force, said De Lima, who stressed the De Veras pose no threat to authorities.

“The police operation became out-of-hand, there was no respect for the human rights of the victims,” De Lima said in a radio interview following a news conference where she released the findings of the body.

The commission, however, withheld any recommendation on police operatives involved in the deaths of the three other civilians in the same shootout pending further investigation.

Lilia De Vera, the wife of Alfonso, said she was satisfied with the recommendations of the CHR and hoped the prosecution would start immediately.

“We are happy that the CHR saw that the police were the ones involved in the death of my husband and my daughter,” she said in a separate radio interview.

The widow earlier filed a complaint against the 18 policemen before the Department of Justice.