By Jeffrey Damicog The policeman who took custody of the sling bag of slain retired Army Corporal Winston Ragos had found no .38 caliber handgun inside, the National Bureau of Investigation (NBI) said. Screenshot of a CCTV footage taken at the crime scene
(MANILA BULLETIN) This is one of the reasons why the NBI’s Death Investigation Division (NBI-DID) filed charges against Police Master Sgt. Daniel Florendo in connection with Winston’s death before the Quezon City Prosecutor’s Office on Thursday, June 4. Florendo, who claimed Winston Ragos carried a gun inside the sling bag, has been charged with planting of evidence as penalized under Section 38 of Republic Act No. 10591, the Comprehensive Law on Firearms and Ammunition of 2012, along with murder and perjury under the Revised Penal Code (RPC). In its transmittal letter to the prosecutor’s office, the NBI said “witnesses accounts and a review of the CCTV (closed circuit television camera) footages showed what actually transpired.” “In fact, no other gun was seen in the person of Cpl Ragos was within the vicinity, before, during, and even after he was shot, except the firearm of PMSgt Florendo was holding,” stressed the letter signed by NBI Deputy Director Vicente De Guzman III. During the investigation, the NBI learned the sling bag had been turned over to Florendo’s co-respondent, Police Staff Sgt. Hector Besas, at the Commonwealth Hospital where Winston was taken after being shot by Florendo on April 21 in Pasong Putik, Quezon City. According to the testimonies of Barangay Public Safety Officer (BPSO) Ernesto San Diego Jr. and the retired soldier’s brother Leopoldo Ragos Jr., the NBI said “at the time the sling bag was turned over to PSSg Besas did not see any firearm therein.” “Otherwise, he (Besas) would not have gathered around asking the Police Trainees and Leopoldo about it,” the NBI stressed. Citing the account of the victim’s brother, Leopoldo was approached at the emergency room of the hospital by Besas who held the sling bag and asked “Asan ang baril (where is the gun)?” “Leopoldo had no idea about the gun the police officer was asking. Confused, he raised his shirt above waist level and opened his sling bag to show that he did not posses a gun,” the NBI said. After Winston got shot, the NBI pointed out CCTV footage at the crime scene showed that “Florendo kicked a sling bag” and one of the four police trainees accompanying him “picked up the sling bag” which was contrary to Florendo’s claims of securing the gun before calling for back-up. The police trainees who were with Florendo at the time were also charged with murder and perjury, namely Joy Flaviano, Arnel Fontanillas, Dante Fronda, and Dalejes Gaciles. “It is basic in crime scene investigation that evidence should not be removed from the crime scene unless it has been labeled, photographed and documented,” the NBI pointed out among the many procedural lapses that were committed by police. The NBI also stressed that Police Brig. Gen. Rolando Hinamay, director of the Philippine National Police (PNP) Crime Laboratory, has certified that their "Office did not receive any request for assistance in crime scene processing of Cpl Ragos case.” “To make matters worse, the seized sling bag and .38 caliber firearm allegedly owned by Cpl Ragos were not marked. It could not, therefore, be determined how the unmarked pieces of evidence were transported and who took custody of them while in transit, until finally turned over to CIDU (Quezon City Police District’s Criminal Investigation and Detection Unit),” it pointed out.