14 Cavite cops charged with double counts of murder
MANILA, Philippines—The Department of Justice (DoJ) orders the filing of criminal case against Cavite policemen implicated in the Bacoor, Cavite-shooting incident during the May 10, 2010 automated elections that led to the death of a retired police officer and a navy officer.
In a consolidated resolution, the DoJ through Assistant State Prosecutors Stewart Allan Mariano and Arnold Magpantay and Prosecution Attorney Benjamin Samson recommended the filing of two counts of murder against 14 Cavite police officers for the death of Senior Superintendent Arnulfo Obillos and Navy Petty Officer 2 Juanito Paraiso.
Charged with murder include Superintendent Ramil Montilla, Chief Inspector Christopher H. Olazo, SPO4 Jimmy C. Narag, SPO2 Ariel Y. Panganiban, PO3 Domingo A. Garcia, PO3 Salvador L. Cesma, PO2 Bobby M. Zamora, PO2 Renato Y. Bayot, PO1 Rafael T. Rodriguez, PO2 Alvin D. Sinko, SPO1 Rodolfo A. Arboleda, PO3 Ronan M. Musni, PO2 Bienvenido M. Rosas and PO2 Richard Fermil.
The 14 police officers, along with Senior Superintendent Primitivo V. Tabujara Jr., SPO1 Ricardo T. Poblete, SPO1 Janelito C. Dinglasan, PO2 Wilfredo Casalme will also face a separate case for arbitrary detention in connection with the illegal detention of PO2 Rolito Antazo, Plaridel M. Abaya, PO2 Eduardo Fernandez, Lauro Geronimo Jr. and Atty. Reynaldo Robles.
“The essential element of murder and homicide, whether in their consummated, frustrated or attempted stage is intent of the offenders to kill the victim immediately before simultaneously with the infliction of injuries. Intent to kill is a specific intent which the prosecution must prove by direct or circumstantial evidence…If the victim dies as a result of a deliberate act of the malefactors, intent to kill is presumed,” the DoJ said in its resolution.
“There is no question that Arnulfo Obillos and Juanito Paraiso were shot by the police officers. In fact, two of them, namely PCI Christopher Olazo and SPO2 Ariel Y. Panganiban tested positive for the presence of gunpowder nitrates…,” the DoJ resolution stated.
The DoJ panel of investigators said the testimonies of the accused police officers are “hardly credible and cannot be accorded any evidentiary weight in favor of the police officers.”
One of the witnesses Estela Mercado, who was with a child said she tried to get near the crime scene when she heard the gunshot “endangering the life and limb of her child.” While another witness for the accused police officers, Eusebio Rollon, who was driving near the scene said that when he saw a soldier in a kneeling position pointing his long firearm shooting a policeman said he stopped and made a sudden U-turn.
“Again this testimony is suspect since the instinct of survival and preservation dictates that when a man has sensed impending danger, his natural and knee-jerk reaction would be to immediately retreat and find safety where no harm would befall him,” the DoJ said.
However, the DoJ dismissed the case for robbery with homicide, frustrated homicide, direct assault, violation of the Omnibus Election Code and Illegal Possession of firearms for insufficiency of evidence.
