2 Pasay cops refuse to testify in Senate inquiry

Although present in the Senate, the two police officers who killed a father and his son inside the Pasay Police Station refused to testify during the justice and human rights committee’s inquiry on Tuesday on alleged extrajudicial killings in the country.

PO2 Alipio Balo Jr. and PO1 Michael Tomas hesitated when they told the panel that they would waive their right to counsel, prompting committee chairperson Senator Leila de Lima to repeatedly ask them if the decision they made was at their own free will.

READ: Pasay cops who shot father, son face raps

Balo and Tomas killed drug pusher Jaypee Bertes and his father Renato after the victims allegedly tried to grab the gun of the lawmen as they were being escorted back to the detention cell inside the Station Anti-Illegal Drugs Special Operations Task Group (SAID-SOTG) office at the Pasay City Police Station last July 7.

Murder charges and an administrative complaint have been filed against the cops.

Senator Emmanuel “Manny” Pacquiao first asked De Lima if the cops could testify so that the side of the police will also be heard.

De Lima then asked Balo, who was seen wiping his tears, and Tomas if they were willing to testify without a counsel. Balo said: “Your honor, nasampa na ‘yung kaso sa amin so hindi na kami magbibigay ng statement dahil nasa office na ng fiscal (Charges have been filed against us so we won’t be giving a statement because it is already in the office of the fiscal.).”

READ: Father, son jailed for drugs shot dead by Pasay cops in escape try

But the neophyte senator insisted that the charges filed before the Pasay Prosecutor’s Office against them should not prevent them from participating in an inquiry.

Balo and Tomas did not respond, prompting the Senate to call for a one-minute suspension. The cops were seen in a huddle with police officials, including Philippine National Police chief Dir. Gen. Ronald “Bato” dela Rosa.

When the hearing resumed, De Lima asked the two if waiving their right to counsel was voluntary on their part.

“Gusto kong malaman muli yung decision ng pagwaive, may sinangguni ba kayong abugado para bigyan kayo ng payo sa pagwewaive right to counsel kanina kasi may kausap kayo. We don’t want to be prejudicing certain personalities or speakers. I also want to protect your rights with the assistance of counsel so ‘yung pag-waive, meron ho bang nag-adivice na abugado?” she asked.

(I want to know about the decision to waive, did you talk to a lawyer for advice on waiving your right to counsel because I saw you talking a while ago. We don’t want to be prejudicing certain personalities or speakers. I also want to protect your rights with the assistance of counsel so with your waiving, did a lawyer advise you about it?)

Balo and Tomas remained silent again. Meanwhile, Dela Rosa asked De Lima to suspend the hearing again for a minute.

As the hearing resumed, a private lawyer, who provides free legal service for the PNP, told the committee chairperson that he had advised the cops that they have the right to have a counsel and the right to remain silent.

The panel later agreed that Balo and Tomas will only testify in court./rga