CA affirms murder raps vs police in Atimonan rubout case

By: Tetch Torres-Tupas - 9 years ago

A member of the National Bureau of Investigation forensic team examines marks left by a hail of bullets that hit this SUV and another vehicle, and killed all 13 onboard, including police officers and soldiers in January 2013 in what is now called the Atimonan rubout. INQUIRER FILE PHOTO / RAFFY

The Court of Appeals affirmed the decision of the Department of Justice (DOJ) to file murder raps against officials and members of the Philippine National Police (PNP) involved in the Atimonan rubout incident in January, 2013.

In a 14-page decision written by Associate Justice Carmelita Salandanan-Manahan, the appeals court’s 8th division said petitioners Chief Inspector Grant Gollod, Senior Inspector John Paolo V. Carracedo, Senior Police Officer 3 (SPO3) Joselito De Guzman, SPO1 Claro Cataquiz Jr., PO3 Eduardo Oronan, PO2 Nelson Indal, PO1 Wryen Sardea and PO1 Rodel Talento failed to prove that there was bias, prejudice and prejudgment on the part of the DoJ.

“Petitioner’s allegations of bias, prejudice and prejudgment must be accompanied by convincing proof, otherwise the presumption of regularity in the performance of official duty prevail,” the appeals court said.

Petitioners said the DoJ committed grave abuse of discretion when they filed the case in court even if they have yet to file a motion for reconsideration.

They added that it was a violation of their right to due process.

Petitioners also pointed out the DoJ abused its discretion when it refused to take into consideration the evidence they have presented that what transpired was a legitimate operation.

But the appeals court said while they were not able to file their motion for reconsideration on the DoJ resolution charging them with multiple murder, “petitioners were accorded their right to a complete preliminary investigation as part of their right to due process.”

“Here, petitioners were afforded a fair and reasonable opportunity to explain their side of the controversy thru their participation in the conduct of the preliminary investigation such as submission of counter-affidavits,” the appeals court said.

The appeals court added the other arguments of the petitioners are best threshed out in a full blown trial.

The Atimonan incident was passed off by main accused Hansel Marantan as a legitimate operation against the group of suspected jueteng lord Vic Siman but the National Bureau of Investigation discovered that it was a rubout since the victims had no opportunity to exchange gun fire with policemen and soldiers who tried to stop their convoy at a road checkpoint.

Concurring with the appeals court ruling are Associate Justices Japar Dimaampao and Franchito Diamante.Tetch Torres-Tupas/TVJ