Murder charges were filed Monday against three of four people who figured in a traffic altercation that ended in a shootout in Mandaluyong City.
The charges against Exequiel Adora, Jomar Balanlay and Reneboy Adora were lodged by the relative of Jason Emralino, who died in a hospital after he was shot in the chest during the incident on Edsa in Barangay (village) Barangka Itaas on Dec. 29, 2013.
Two others who were injured in the shootout—Balanlay and Exequiel Adora—remain hospitalized while Reneboy Adora was unhurt.
According to the police, the shootout ensued after Emralino, who was driving a Land Cruiser, rear-ended the Honda Accord driven by Exequiel Adora, owner of Majestic Security Agency, who was travelling with Reneboy Adora and Balanlay.
The police have yet to determine who fired the first shot as there were no witnesses but based on the paraffin test conducted on Reneboy Adora, Insp. Hercolano Mago, the city’s investigation chief, said he did not fire a gun.
Emralino’s family refused to let the police subject him to a paraffin test when he was still alive, Mago said. This was also the stand adopted by the families of Exequiel Adora and Balanlay due to their medical condition.
“That’s their right…but the paraffin test must be conducted within 72 hours,” Mago added.
In spite of this, charges of illegal possession of firearms and illegal discharge of firearms have been filed against all four, including Emralino, by the police, according to Mago.
He said it would be up to the court, based on the findings of Scene of the Crime Operatives, to decide who should be held liable for the incident.
But lawyer Aina Emralino-Joson, Emralino’s sister, believes the police could have done better.
She questioned what she said were the downgraded charges of illegal possession of firearms and discharge of firearms filed against the Adoras and Balanlay.
“When you say discharge of firearms. it means there was an intent to scare. The police, however, have personal knowledge that shots were fired; in fact, my brother was seriously injured [before he passed away],” she said, adding the charges filed against the Adoras and Balanlay should have been serious physical injuries at the very least.
But Mago stood by the cases filed by the police, saying the charge of illegal discharge of a firearm already included the shooting of a person with the use of a licensed or unlicensed firearm.
“Tell them to read the complaint. That’s what it says, the shooting is taken into consideration,” he said, taking offense at her allegation.
“What cover-up? We are just doing our job,” he added.
“Look, they’re doing a parallel investigation. Why would they investigate?” he told the Inquirer over the phone, referring to the Emralinos.
He added that all parties in the case, including Jason Emralino, were suspects in the incident.