Court finds cause to indict 2 cop execs of murder
A Laguna City lower court had found probable cause to indict two police officials who admitted killing two convicted leaders of the Ozamiz robbery gang while in their custody, and cleared 15 other policemen including a police superintendent of the charges of conspiracy.
In a 12-page unreleased resolution dated May 12, a copy of which was obtained by the Inquirer, the panel of prosecutors of San Pedro City in Laguna recommended the filing of information against Senior Inspector Manuel Magat and his lieutenant, Inspector Efren Oco, over the deaths of serial bank robbers Ricky Cadavero and Wilfredo Panogalinga Jr.
Magat and Oco were team leaders of the Philippine National Police Regional Special Operations Group of Southern Tagalog custodial team that escorted the two high-profile fugitives for court proceedings when they were killed along Magsaysay Road in Barangay (village) San Antonio of the city in July last year.
“From the records, there is sufficient ground to sustain a finding of probable cause for murder which needs only to rest on evidence showing that more likely than not, a crime of murder has been committed and that it was committed by the respondents Magat and Oco,” based on the resolution approved by City Prosecutor George Dee and signed by Assistant City Prosecutor Francis Reyes as head, and members ACP’s Milaflor Tan Mancia and Joyce Martinez Barut.
The same resolution cleared Police Chief Supt. Benito Estipona, Supt. Danilo G. Mendoza, Senior Insp. Fernando T. Cardona, SPO1 Joseph P. Ortega, SPO1 Jason L. Semacas, SPO1 Genaro G. De Gala, PO3 Marvin R. Mejia, PO3 Ramil P. Gonzales, PO3 Sherwin G. Bulan, PO2 Eduardo M. Cruz, PO2 Kristofferson D. Reyes, PO2 Exiel P. Reyes, PO2 Conrado R. Bautista Jr., PO1 Ryan Rey P. Gado for lack of sufficient evidence.
In clearing the policemen, the panel of prosecutors said there was no conspiracy between them and the two police officials who had been charged.
“Conspiracy does not exist. The fact that the other police escorts were with Magat and Oco when the shooting of Cadavero and Panogalinga occurred is not sufficient proof of the existence of the conspiracy. Mere companionship does not establish conspiracy.”
Also included in the resolution was the dismissal of the perjury charge against PO3 Gerardo Tugot, who, in his first affidavit, stated that the killing of Cadavero and Panogalinga was a shootout but later changed his testimony in another sworn statement that the ambush was a setup to kill the convicted robbers.
