The National Bureau of Investigation (NBI) on Thursday filed charges of murder, perjury and planting of evidence against two Quezon City policemen and four police trainees over the death of former Army Cpl. Winston Ragos in April.
Police Master Sgt. Daniel Florendo Jr. and police trainees Joy Flaviano, Arnel Fontillas, Dante Fronda and Dalejes Gaciles were charged with murder and perjury in the Quezon City Prosecutor’s Office.
Florendo, along with Police Staff Sgt. Hector Besas, was also charged with planting evidence. He had earlier admitted to shooting Ragos.
Elements present
According to the findings of NBI Death Investigation Division, “the elements of murder are present in the instant case,” adding that the killing “was attended by treachery and abuse of superior strength.”
It said that Ragos was unarmed when he was shot twice by Florendo while the .38-caliber gun allegedly recovered from him was planted.
Witnesses had testified that the soldier was not carrying a firearm, including one who said Ragos had been looking for a document in his bag before he was shot. They also said that they saw only one gun before, during and after the shooting and it belonged to Florendo.
Mere afterthought
“Thus, it is evident that the allegation of [Florendo] and the four police trainees that Cpl. Ragos was in control and possession of a gun was a mere afterthought, a blatant attempt to justify an unlawful killing,” the NBI said.
An investigation also showed that the firearm supposedly found in the victim’s bag was registered in the name of Lauro Reyes, who died in 1994. The gun, however, was registered in his name three years later.
Ragos, who was retired from the service after being diagnosed with post traumatic stress disorder, was shot near a checkpoint on Maligaya Drive, Barangay Pasong Putik, Quezon City.
The checkpoint had been set up to enforce quarantine measures while Metro Manila was in lockdown to curb the spread of the new coronavirus disease. The incident was captured by a security camera and a cellphone camera. One showed Florendo pointing his gun at Ragos while unarmed officers rushed to the scene. The victim was ordered to drop to the ground but he refused.
Florendo shot Ragos twice after the latter appeared to be pulling something out of his bag. One of the policemen later tossed the bag into a barangay service vehicle.
The Quezon City Police District (QCPD) said in a statement that Ragos had in his bag a loaded .38-caliber revolver without a serial number.
Procedural lapses
The NBI said that the “police officers had procedural lapses” in the shooting, from use of excessive force to removing the bag from the scene.
“Such irregularity raised serious doubt on the existence of the caliber .38 Smith and Wesson revolver allegedly found inside Ragos’ bag,” it noted. It added that the pieces of evidence found from Ragos were unmarked so it could not be determined how the bag and the gun were transported.
Army chief Lt. Gen. Gilbert Gapay earlier asked the NBI to conduct an “impartial investigation” of Ragos’ death.