Relatives of slain motorcycle rider John dela Riarte on Tuesday insisted that he was killed in an execution-style attack inside a patrol car of the Philippine National Police-Highway Patrol Group (PNP-HPG) while on his way to Camp Crame last July 29.
In a 14-page response to the counter-affidavits of PO3 Jeremiah De Villa and PO2 Jonjie Manon-og, Robert, the victim’s brother, said the police officers cannot use as an excuse the presumption of regularity in the performance of duty to escape liability for murder.
“Any taint of irregularity affects the whole performance and should make the presumption unavailable. The presumption, in other words, obtains only when nothing in the records suggests that the law enforcers involved deviated from the standard conduct of official duty as provided for in the law,” Robert said.
In this case, the victim died of multiple gunshot wounds fired at a close range near the heart, liver and hips based on the examination conducted by both the National Bureau of Investigation (NBI) and the Public Attorneys Office (PAO) Forensic Laboratory.
READ: NBI probes HPG duo in ‘gun grabber’ slay
He said physical evidence—the gunshot wounds in his back, in the upper back portion of his right thigh, as well as the frontal attacks (four gunshot wounds) by the respondents on his brother, speak for the crimes committed by the latter—does not lie.
“Surely, one incapacitating shot is enough to restrain respondent PO3 Jeremiah De Villa’s goal to subdue, maim, and disable victim John Dela Riarte. But, what victim John Dela Riarte sustained was not a mere incapacitating shot, but multiple gunshots which were done in execution style—fatal shots to the life-sustaining parts of the body, ensuring death of victim John Dela Riarte,” Dela Riarte’s brother added.
Aside from murder and torture charges, the Dela Riartes also brought robbery charges against the two PNP-HPG men, saying that of the P30,000 and P3,340 contained in his body bag and wallet, only P300 was surrendered to Robert.
“The fact that only the amount of P300.00 was surrendered to complainant Robert Dela Riarte and witness Genevieve Dizon gave rise to the presumption that it was respondents PO3 Jeremiah De Villa and PO2 Jonjie Manon-og who took the missing P30,040.00, as they were the ones who arrested and accosted victim John Dela Riarte in the Toyota Altis mobile car, and after shooting the latter, were also the ones who brought him to the PNP General Hospital in Camp Crame,” he said.
In their separate counter-affidavits submitted to the Department of Justice last Friday, De Villa and Manon-og said Dela Riarte twice attempted to snatch their firearms, first, when De Villa approached him when he was allegedly kicking and smashing a car using his crash helmet and second, when he was inside the patrol vehicle while on their way to Camp Crame.
De Villa said when Dela Riarte tried to snatch his firearm, the latter told him he will shoot the man inside the vehicle which figured in an accident with his motorcycle in Makati last July 29.
De Villa further said he told Dela Riarte his rights and then he was handcuffed but the latter continued cursing and spewing invectives at them.
The two denied the allegations of murder, torture, and robbery.
Last Saturday, De Villa died after jumping from a building in Camp Crame. RAM/rga