CA affirms arrest order vs cops who shot girl, pa

The Court of Appeals (CA) has upheld the arrest order it issued in June against eight policemen involved in the fatal shooting of a man and his daughter in Parañaque City in December 2008.

In a nine-page decision, the court’s 8th Division dismissed the petitions of the policemen that sought to quash their arrest warrants.

On June 15, the appellate court ordered their arrest after it overturned the ruling of a Parañaque Regional Trial Court judge who junked the multiple murder charges against the officers supposedly for lack of probable cause.

The eight policemen were charged over the deaths of Alfonso De Vera, 53, a migrant worker who was then on vacation, and his 7-year-old daughter Lia Allana. The two victims were shot dead inside their Isuzu Crosswind on the night of Dec. 5, 2008, inside the United Parañaque Subdivision 4 in Barangay (village) Marcelo Green.

The policemen fired at the van on suspicion that it was one of getaway vehicles used by members of the Waray-Waray-Ozamis robbery gang whom the officers were pursuing that night.

Fourteen other persons, including eight robbery suspects and a policeman, also died in the gunfight.

In a ruling penned by Associate Justice Noel Tijam, the appellate court justified its issuance of the arrest order, which was signed by the division clerk of court, saying this can be done based on Rule No. 6 of the 2009 Internal Rules of the Court of Appeals (Irca).

“When the issuance of a warrant of arrest has been authorized by the Division, the same shall be signed by the Division Clerk of Court,” the court said. It added that under the provisions of the Judiciary Reorganization Act, the court is also authorized to issue “auxiliary writs or processes, whether or not in aid of its appellate jurisdiction.’’

The court also said the petitioners were wrong in questioning the Division Clerk of Court concerning her signing of the arrest order, saying she had that authority under the IRCA.