MANILA, Philippines — The Department of Justice (DOJ) has charged police officers with murder and planting evidence for the 2020 death of a Spanish national in Siargao Island, Surigao del Norte.
In a statement Friday by the Office of the Prosecutor General (OPG), named in the charge sheet are PCapt. Wise Vicente B. Panuelos, PSgt. Ronel A. Pazo, and PSgt. Nido Boy E. Cantos – all members of the Gen. Luna municipal police station for the death of Diego Lafuente
Lafuente was killed in a drug bust in Siargao Islands on Jan. 8, 2020, for allegedly attempting to fight the police in a buy-bust operation. The police claimed Lafuente was a “high value” drug suspect in the region.
The National Bureau of Investigation (NBI) filed a complaint against the police officers last year.
During preliminary investigation, the police officers said Lafuente was the number 1 drug personality in the Caraga Region. In addition, they said that Lafuente fired at them during the buy-bust operation, forcing them to defend themselves. Aside from a Para-Ordnance pistol cal. 45, the police also recovered 8.3326 grams of cocaine from Lafuente.
However, the DOJ resolution said that evidence submitted by the NBI showed enough evidence showing probable cause for murder and planting of evidence.
“Although there were no eyewitnesses in the killing of Diego Lafuente, the recommendations of the panel of prosecutors were based on the SOCO report and forensic results that disproved the claim of respondents of a shootout,” the OPG statement said.
The OPG said physical evidence showed “the placement of the fired cartridge cases (FCCs) from the service firearms (9mm) of PCapt. Panuelos and PSgt. Cortes and the FCCs from the alleged firearm (Cal. 45) of Diego Lafuente were in close distance with each other, found in a triangular area.”
“If indeed there was a shootout, the placement of the FCCs should be on opposite sides,” the OPG added.
The OPG added that investigation also showed that after Diego Lafuente “jumped over the perimeter wall, he was shot by PSgt. Cortes as evidenced by a 9mm FCC found underneath the ground located near the area where Diego Lafuente was lying.”
“The crossmatching examination revealed that the 9mm FCC matched with and was fired from the firearm of PSgt. Cortes,” it added.
However, the complaint for perjury was dismissed due to lack of evidence that the contents of their affidavits were “false and made with willful and deliberate assertions of falsehood” which is an essential element of the crime.
The prosecutor will file the case before the Regional Trial Court in Surigao del Norte.
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