Court dismisses raps vs.2 cops—‘wrong jurisdiction’
The Caloocan City Regional Trial Court (RTC) has dismissed the double murder charges filed against the two former police officers tagged in the killing of teenagers Carl Angelo Arnaiz and Reynaldo "Kulot" De Guzman due to lack of jurisdiction.
In a resolution dated May 9 but released to the media today, Branch 122 Judge Georgina Hidalgo dismissed criminal cases 102884-102885 filed against PO1s Jeffrey Perez and Ricky Arquilita.
The court said the murder raps were dismissed "for lack of jurisdiction, these cases having been filed in a wrong venue, without prejudice for the filing of these cases with the appropriate court of competent jurisdiction."
The decision came after the Department of Justice prosecutors filed a motion to withdraw the murder charges against the cops and to refile the case in the proper court.
This was after it was known during cross-examination on March 2 of eyewitness Joe Daniel that the alleged killings of Arnaiz and De Guzman happened along C3 Road near Dalagang Bukid and Tanigue Streets.
Upon checking, the prosecution later discovered that the area falls under the territorial jurisdiction of Navotas City.
The prosecution, however, did not withdraw the charges of torture and planting of evidence as they believed that "these offenses happened in Caloocan City."
However, for the defense side, lawyer Dodjie Encinas said the withdrawal of the case is improper as the trial is already ongoing and the only possible recourse is to dismiss it.
Encinas also objected to the partial withdrawal of the charges, saying all the cases against the accused should be dropped and refiled in the proper court.
Hidalgo said in her resolution that "the court cannot agree with tbe theory of the prosecution to merely withdraw the two information for murder but instead find the contention of the accused more tenable because this court is not at liberty to deviate from any existing legal procedures under the pain of grave abuse of discretion, or ignorance of existing legal practice."
Xerxes Garcia, head of the prosecution, said they already refiled the murder charges in the Navotas court.
Meanwhile, Hidalgo denied the motion for reconsideration allowing the transfer of the accused to Camp Bagong Diwa in Taguig City.
The death of Arnaiz, 19, and De Guzman, 14, along with Kian Loyd Delos Santos, 17, at the hands of the policemen sparked public outrage and resulted in criticism of the government's war on drugs. (Kate Louise Javier)
Police find link to fiscal’s death
The recent attack on a deputy city prosecutor in Quezon City was possibly connected to his job, the top Quezon City Police official said.
QCPD director Chief Superintendent Joselito Esquivel Jr. said they are now looking into the possibility that the incident was job-related as the victim was a fiscal.
On Friday afternoon, the victim, identified by the police as Rogelio Velasco, a 64-year-old assistant city prosecutor, was ambushed by a group of men while the victim driving on his way home along Holy Spirit Drive in Barangay Holy Spirit, Quezon City.
Initial investigation showed that Velasco was driving his red Toyota Innova with his daughter when a white Toyota Innova with plate number NXR-256 appeared from behind and blocked the victim's car.
At least four armed men alighted from the white vehicle and suddenly fired successive gunshots at Velasco who was seated on the driver's seat.
The victim's daughter who was on the passenger seat alighted from the vehicle and tried to chase the escaping gunmen but one of them pointed the gun to her prompting her to hide.
The men immediately boarded the getaway vehicle and fled the crime scene. towards Commonwealth Avenue.
Velasco's daughter sought help from an approaching transport network vehicle services driver who rushed the victim to East Avenue Medical Center where he was declared dead on arrival due to multiple gunshot wounds on his body.
Operatives noted at least 20 bullet holes on the windshield of Velasco's car. Empty shells and several case folders were also recovered inside the vehicle.
Following the attack, Esquivel said they created a special investigation task group to fast-track the solution of the case and to identify and arrest the assailants.
According to Esquivel, investigators already obtained a composite sketch of the gunmen based on a closed-circuit television clip. (Alexandria Dennise San Juan)
Trike driver in watch list is slain
A tricycle driver who was reportedly included in the drug watch list was gunned down by motorcycle-riding men near a wake in Caloocan City Friday night.
Edgardo Clemente, 47, of 4th Avenue in Barangay 49, died on the spot as he sustained gunshot wounds in the head and body, said Police Community Precinct 2 commander Sr. Inspector Dave Anthony Capurcos.
Barangay officials told police that Clemente was included in their drug watch list, Capurcos added.
Initial investigation showed that Clemente was waiting for passengers when he was killed by four unidentified gunmen onboard three motorcycles near his neighborhood at 6:33 p.m.
Recovered from the scene were six empty shells and deformed bullets..
Meanwhile, a heat-sealed plastic sachet of shabu was recovered from
Clemente's possession, police said.
Sr. Supt. Restituto Arcangel, city police's chief, said they are now looking into Clemente's alleged involvement in the illegal drug trade as the possible motive behind the killing.
Police are checking if there was a closed-circuit television footage near the area to identify and apprehend the gunmen. (Kate Louise Javier)
2 guards killed by rival agency man
Two security guards of a condominium building in Quezon City were shot dead by another guard from a different agency following an argument connected to a dispute among the residents there.
Investigators of the Quezon City Police District identified the victims as Aclipiades Pobe, 38, from Detectnet Security Agency, and Roldan Limon, 36, both security guards at One Burgundy Plaza, a residential condominium along Katipunan Avenue in Barangay Loyola Heights, Quezon City.
It appears that the condominium was guarded by security guards from two security agencies namely Onerca Security Agency (OSA), which was contracted by Burgundy Realty Corporation in October 2016, and Detectnet Security Agency Corporation (DSAC), which was recently hired by One Burgundy Plaza Condominium Association, Inc. last April.
Police said that security personnel from the two agencies were both deployed in the building premises.
Initial investigation showed that around 2 p.m., victims Pobe, Limon, a certain "Larry," and their two other companions rushed inside the Administrator's Office and confronted the OSA security guards there.
In the middle of the argument between the two groups, some of the security guards told police that they saw Antonio San Diego, a security guard from OSA, pull out his handgun and then shot towards DSAC guards hitting Pobe and Limon.
San Diego managed to escape from the scene while Pobe and Limon slumped bloodied on the pavement and both died on the spot due to a gunshot wound on their left chest and right chest, respectively.
Operatives were able to recover a 12-gauge shotgun, 17 fired bullets, and two 12-gauge shells on the crime scene.
Further investigation is still ongoing while police are locating San Diego. (Alexandria Dennise San Juan)
2 holdup men die in firefight
Two alleged holduppers were gunned down Saturday morning during an encounter with the police in Ermita, Manila.
Prior to the incident, elements of the Manila Police District - Criminal Investigation and Detection Unit received a call from two complainants, claiming that they had been robbed at gun-point at around 1:30 a.m. on May 12 along Mabini St. corner U.N. Ave., said case investigator PO3 Marlon San Pedro.
Upon receiving the report, elements of Police Station 5 Anti-Crime Unit immediately set up check-points at the Anda Circle, Port Area, in Manila and at the Liwasang Bonifacio along P. Burgos St., Ermita, Manila, to apprehend the suspects.
The three motorcycle-riding suspects were then spotted at the Liwasang Bonifacio and were tailed by operatives until Plaza Gomburza.
The suspects allegedly began to fire shots at the police which resulted in a gunfight. The police, however, managed to shoot two of the suspects,, resulting in their instant deaths. The third suspect reportedly managed to escape.
Meanwhile, authorities were able to recover the stolen items including a bag and a phone from the slain suspects who remained unidentified as of this writing. (Hans Amancio)
Two drug personalities killed
Two drug personalities were killed during a drug bust resulting in a shootout in Barangay Manresa, Quezon City Saturday afternoon.
In a report from Quezon City Police District director Chief Superintendent Joselito Esquivel Jr., the fatalities were only identified as certain "Tikboy," and "Eric."
Joint operatives of the QCPD Drug Enforcement Unit (DDEU), and Special Operations Unit (DSOU) conducted a drug sting against the duo along Mauban Street in Barangay Manresa, around 2:35 p.m.
An undercover police officer purchased a P1,000 worth of shabu from the suspects which resulted in their arrest.
However, while being arrested by the police, the suspects pulled out their handguns and shot the policemen but missed.
Back-up police officers were forced to retaliate and fired back at the duo, who died on the spot.
Police were able to recover from the suspects a sachet of shabu weighing more or less five grams, a caliber 45 pistol, and a caliber 38 revolver.