The Court of Appeals building in Ermita, Manila. CONTRIBUTED PHOTO/COURT OF APPEALS WEBSITE
MANILA, Philippines—The Court of Appeals has upheld the dismissal of the murder charges against 17 members of the Philippine National Police -Special Action Force (PNP-SAF) of murder charges in connection with a shootout in 2008 that led to the death of 16 people including a 53-year-old seaman and his seven-year-old daughter.
In a 10-page decision, the appeals court’s Special 7th Division affirmed the decision of Paranaque City Regional Trial Court Branch 260 Judge Jaime Guray clearing the police from criminal liability for the death of Alfonso de Vera and daughter Lia and other civilians.
De Vera’s wife Lilian took the case to the Court of Appeals.
Cleared were Superintendent Jonathan Calixto, Chief Inspector Hermogenes Cabe, Insp. Abraham Abayari, Insp. Erikson Roranes, Insp. Ludivico Cordova, PO1 James Yodong, PO1 Allan apil, PO1 Efren Angcuan, PO1 Lloyd Bulayungan, PO1 Nemesio Gano, PO3 Hagar Torres, PO3 Jericho Otaboy, PO3 Guilbert Lopez, PO3 Felix Base, PO3 Eugene Papatew, PO3 Policarpio Jose, Jr., PO1 Sherwin Maybanting.
The appeals court said there is no proof that Judge Guray committed grave abuse of discretion in clearing the police officers.
The appeals court also echoed the findings of Guray that there is no evidence of conspiracy to kill the two.
“A careful perusal of the testimonies of the prosecution’s witnesses would show that the evidence against respondents is so weak to merit a reversal or annulment of the assailed judgment,” the appeals court said in a ruling made public Wednesday.
“The testimonies are bereft of any convincing proof that private respondents or any of them was the one who shot and killed the victims,” the appeals court said adding that witnesses Ronald Castillo and Hilario Indiana failed to identify who actually shot the victims.
In June 2010, Guray also dismissed the two counts of murder case against members of the Highway Patrol Group.
Looking back, on the night of Dec. 5, 2008, suspected members of the Waray Waray and Ozamiz gangs engaged policemen in a shoot-out inside a subdivision in Parañaque.
At the end of the 40-minute gun battle, 16 people lay dead, including 10 alleged robbers and six civilians.
Then Chief Supt. Leopoldo Bataoil, who headed the National Capital Region Police Office (NCRPO), described the encounter as the “bloodiest fire fight between the police and criminal elements in Metro Manila.”
Father and daughter
Among the civilians killed were 5 Vera and his 7-year-old daughter Lia. Witnesses said the De Veras were killed by agents who apparently mistook their Isuzu Crosswind for one of the getaway cars of the suspected robbers.
Initial findings showed that about 80 bullets hit the De Veras and their vehicle.
The other civilians killed were Bernard Tuncab, Jesery Vicemayor and Arnel Macaloan.
Operatives of the PNP Highway Patrol Group (HPG), PNP Special Action Force, NCRPO and Southern Police District were sent to the United Parañaque Subdivision 4 following a tip that a warehouse of Southern Transport Co. in the subdivision would be robbed.
No blockades
On Dec. 11, 2008, the National Police Commission (Napolcom) said the PNP violated the rules of engagement when it failed to install blockades that would have protected civilians from an anticipated shoot-out.
The Napolcom also noted there was no ambulance on standby to attend to those who would be hurt.
On Feb. 17, 2009, the CHR, which was conducting a separate probe, threatened to cite in contempt 33 HPG members for failing to attend a public hearing on the shoot-out.
Two days later, the PNP Internal Affairs Service (IAS) charged nine HPG members with grave misconduct and neglect of duty, and eight others with dishonesty for giving false testimony.
PO1 Elybeer Cabayan was charged with grave misconduct and dishonesty after it was discovered that a bullet recovered near the older De Vera’s head was fired from Cabayan’s .45 cal. pistol.
Cabayan had told the IAS that he was 2 kilometers away from De Vera’s vehicle at the time of the shoot-out.
On April 3, 2009, the policemen charged by the IAS appeared at a CHR public hearing but invoked their right to remain silent. With a report from Inquirer Research