Family stops filing of ‘weak case’

The family of the man who was allegedly mauled to death after guards mistook him for a shoplifter yesterday tried to stop the police from filing a murder case before the court.

But before the case was docketed by a staffer of the Cebu City Prosecutors’ Office, the family of the late Mario Alfie Ducayag came to prevent the police from filing the charges against Jeffrey Aquino, a security guard of Metro Gaisano Colon assigned to monitor the store’s closed circuit television cameras.

Ducayag’s mother Fe Soledad insisted that the police no longer has jurisdiction over the case as the National Bureau of Investigation in Central Visayas (NBI-7) has already taken over the case and that the police should stop meddling in the probe.

Arrest questioned

She and her daughter Marie Shantylle were assured by Chief Insp. Romeo Santander, the City Intelligence Branch (CIB), early yesterday that the police will not pursue the filing of charges against Aquino who told police investigators that Ducayag was allegedly mauled by the head security supervisor of Metro Gaisano.

Ducayag’s family went to the Palace of Justice yesterday afternoon to seek advice from the Department of Justice (DOJ).

They were told by Assistant Regional State Prosecutor Llena Ipong-Avila to discourage the police from filing a half-baked complaint which may not be enough to convict those responsible for Ducayag’s death.

Avila said the arrest made by the police on Aquino cannot be considered a hot pursuit operation since the incident happened in April 12.

Under the law, an arrest can be made without a warrant based on three situations: when a crime is being committed in one’s presence, has just been committed, or is about to be committed.

“This has been the problem of the prosecution: a poor case build up. The police’s output becomes the prosecution’s input. The poor case build up has been the problem of the prosecutors when the case reached in court,” Avila said.

After the meeting with Avila, Fe Soledad and Marie Shantylle proceeded to the Cebu City Prosecutors’ Office only to find out that Aquino’s inquest proceeding was about to start.

Santander told the family that it was the decision of Cebu City Police Office director Mariano Natu-el to file the charges against Aquino who was arrested by police inside Metro Gaisano last Sunday morning.

The Integrated Bar of the Philippines (IBP) Cebu City Chapter has also offered legal assistance to the Ducayag family.

Lawyer Mae Elaine Bathan, president of the IBP Cebu City Chapter said they are “urging all concerned authorities to expedite the investigation and avoid any and all forms of whitewash, foul play and cover-up.”

NBI-7 director Antonio Pagatpat said they will continue to conduct their investigation whether or not the police will file the charges against Aquino.

“We would want to make sure that there will be a conviction for those responsible for Ducayag’s death. I would assure you that the investigation by the NBI is thorough,” he said.

In an interview, Aquino said he is willing to become a witness. He said Ducayag was mauled by chief security Mauricio Doblados Jr. until he became unconscious.

Anxious of what happened to Ducayag, Aquino said he was asked by Doblados to call the company nurse.

Aquino said his only participation was just in handcuffing Ducayag and  calling the nurse.

Gaisano cooperates

Cerwin Eviota, spokesperson of the company, said it’s up for the authorities to also look at the possible culpability of Doblados and Melvin Boyles.

Doblados is the chief security officer of Metro Gaisano (meaning he is a direct employee of Metro Gaisano); while Boyles who works as an in-house detective is an employee of the Negrense Security Agency.

Eviota assured that the company did not attempt to cover up the incident, adding that they also wanted to know the truth so that justice will be served for the victim.

Eviota said the standing order of the company’s vice president for security, retired general Victor Garcia has always been to treat the suspected shoplifters humanely. And after getting all the basic information, he or she must be immediately brought to the nearest police station.

The death of Ducayag became controversial after the National Bureau of Investigation contradicted an earlier autopsy report of PNP-7 medico-legal officer Dr. Nestor Sator who ruled the victim died of bleeding tuberculosis.

The NBI re-autopsy found that Ducayag could not have died of natural causes as they found injuries in his bodies which could have been caused by blows from a hard object./Ador Vincent Mayol, Chito O. Aragon and Edison delos Angeles