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Raps filed vs 7 soldiers in death of cop, watchman

By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 19:20:00 10/27/2009

Filed Under: Crime, Police

MANILA, Philippines?The Quezon City Prosecutor?s Office has filed charges against seven Army soldiers accused of killing a policeman and a barangay watchman who responded to a call for help last month.

Charged with two counts of murder and one count of frustrated murder each at the Quezon City Regional Trial Court were Staff Sgt. Elgar Aclan, Cpl. Eugene Villaver and Privates First Class Rafael Lantano, Delfin Viajedor, Rannie Bartolay, Ariel Molina and Roberto Chiong.

The seven men are assigned at the 3rd Community Development Organizing Company.

The charges against them were based on a complaint filed by the widows of the victims, PO3 Wilfredo Macatangay and Alex Bersamin, a watchman of Barangay Holy Spirit.

Bersamin?s neighbor, Reynaldo Ybañez, 49, was wounded in the shooting incident which took place at the Pasong Tamo barangay hall on Sept. 6.

In a six-page resolution dated Sept. 23, Assistant City Prosecutor Ulric Badiola said there was probable cause to charge the respondents as the deaths of Macatangay and Bersamin were qualified with treachery, one of the elements of murder.

?The burst of gunfire which felled the victims was so sudden and unexpected that they had no chance to defend themselves. The fact that the respondents turned off the lights of the barangay hall before opening fire shows that they deliberately and unconsciously intended to ambush the approaching law enforcers without giving them a chance to defend themselves and without fear of retaliation,? he added.

He also noted without the lights, "the law enforcers could not recognize and detect the persons firing at them."

The charges against the seven soldiers were filed first by members of the Quezon City Police District?s Criminal Investigation and Detection Unit but the respondents asked for the conduct of a regular preliminary investigation.

No bail was recommended for the murder charges while bail of P200,000 each was set for the frustrated murder charge.

Based on the complaint of the victims? widows, Ybañez had an argument with Chiong over his rowdy behavior at a nearby carnival. Chiong then shot Ybañez who ran to Bersamin to ask for help.

Chiong, on the other hand, went to the barangay hall in Pasong Tamo, to ask his fellow soldiers for help.

When Macatangay and Bersamin, along with eight other watchmen went to the barangay hall, the soldiers opened fire on them.

The two men were hit and died on the spot while Ybañez was wounded.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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