Manila Bulletin
CA recommends filing of cases against Antipolo cops involved in EJK of alleged drug pusher
CA recommends filing of cases against Antipolo cops involved in EJK of alleged drug pusher
CA recommends filing of cases against Antipolo cops involved in EJK of alleged drug pusher
Published Dec 23, 2018 04:30 pm
By Rey Panaligan
The Court of Appeals (CA) has recommended the filing of criminal, administrative and civil cases against Antipolo City policemen who were involved in what the appellate court believed as “extrajudicial killing” of a suspected illegal drugs pusher in 2016.
(PHOTO COURTESY OF COURT OF APPEALS WEBSITE / MANILA BULLETIN)
In a decision written by Associate Justice Maria Elisa Sempio Diy, the CA said that the cases should be filed against Police Insp. Aristone Dogwe and Police Office 2 Mark Riel Canilon and still to be identified members of the Antipolo City Police Station-Anti Illegal Drugs Special Operations Task Force (ACPS-AIDSOTF) and Provincial Special Operating Unit Team believed to be behind the alleged buy-bust operation on July 5, 2016 that resulted in the death of Joselito Gonzales.
The CA issued a permanent protection order that bars Dogwe, Canilon, Senior Police Officer 1 (SPO1) Allen Glenn Cadag and the members of ACPS-AIDSOTF from entering within a radius of one kilometer from the residences and work addresses of Gonzales’ wife, Christina Macandog Gonzales.
It also held accountable for Gonzales’ death Valfrie Tabian, acting regional director of the PNP Regional Office 4-A; Adriano Enong, officer-in-charge of Rizal PNP Provincial Office; and Police Supt. Simnar Semacio Gran, OIC of Antipolo City Police Station; and their successors in office.
The CA pointed out that the police officials failed “to exercise extreme care and caution” in ensuring that the police operation was conducted in compliance with police procedures.
The decision was issued on the petition for a Writ of Amparo with a plea for temporary protection order (TEPO) and witness protection order filed by Mrs. Gonzales before the Supreme Court (SC).
Acting on the petition, the SC remanded the case to the CA for hearing and resolution.
A Writ of Amparo is “a special constitutional writ to protect or enforce a constitutional right other than physical liberty.
Mrs. Gonzales claimed that she and her late husband “were induced by the respondent police officers to deal in drugs.”
But she said that in mid-2016, they decided to surrender and reform. However, she alleged that Cadag and Canilon threatened to kill them.
On July 5, 2016, Gonzales was killed during a reported buy-bust operation after he allegedly engaged policemen posing as buyers of shabu in a shootout near White Cross in Taktak, Antipolo.
For fear of her life and because of the threats she received, she said in her petition she was forced to go into hiding.
In granting the petition, the CA said the pieces of evidence submitted by the police officers failed to provide a clear picture of the events that transpired during the police operation on July 5, 2016.
It noted that even the investigation report and spot report provided no information with regard to the members of the buy-bust team; who acted as poseur-buyers; and who among the police operatives were fired upon by Gonzales.
It cited the testimony of Canilon who said that during the buy-bust operation, Gonzales drew his firearm and started shooting the police officers.
“If such was the case, the exchange of bullets should have occurred at close range. However, based on the sketch detail and measurement from SOCO (Scene of the Crime Operatives) … the body of Joselito lay out about 43.2 feet away from the three cartridge cases presumably came from the firearms of the police operatives as Joselito allegedly used a revolver and its three cartridge cases remained inside the revolver’s cylinder,” the CA said.
“Couple these with the fact that according to the Medico Legal Report issued by the Rizal Provincial Crime Laboratory Office 4A…, Joselito was shot at his back, the possibility that Joselito did not fire upon the police officers and was instead running for his life is not entirely implausible,” it stressed.
At the same time, the CA said the police officers failed to comply with the procedures under the PNP Criminal Investigation Manual to be observed before, during and after buy-bust operations which include the submission of summary information of the target, special reports, surveillance report, contact meeting report and development report.
“In view of the foregoing, we are of the considered opinion that there is substantial evidence in this case to conclude, at the very least, that the legal safeguards in place had been breached by the members of the buy-bust team. Accordingly, such breach merits a finding that Joselito had been the subject of an extralegal killing,” the CA ruled.
On the inclusion of other police officers in the filing of the cases, the CA said:
“It would seem then that it is quite easy for police officers to commit extralegal killing and get away with it since the superior police officers appear nonchalant as to such occurrences.”
(PHOTO COURTESY OF COURT OF APPEALS WEBSITE / MANILA BULLETIN)
In a decision written by Associate Justice Maria Elisa Sempio Diy, the CA said that the cases should be filed against Police Insp. Aristone Dogwe and Police Office 2 Mark Riel Canilon and still to be identified members of the Antipolo City Police Station-Anti Illegal Drugs Special Operations Task Force (ACPS-AIDSOTF) and Provincial Special Operating Unit Team believed to be behind the alleged buy-bust operation on July 5, 2016 that resulted in the death of Joselito Gonzales.
The CA issued a permanent protection order that bars Dogwe, Canilon, Senior Police Officer 1 (SPO1) Allen Glenn Cadag and the members of ACPS-AIDSOTF from entering within a radius of one kilometer from the residences and work addresses of Gonzales’ wife, Christina Macandog Gonzales.
It also held accountable for Gonzales’ death Valfrie Tabian, acting regional director of the PNP Regional Office 4-A; Adriano Enong, officer-in-charge of Rizal PNP Provincial Office; and Police Supt. Simnar Semacio Gran, OIC of Antipolo City Police Station; and their successors in office.
The CA pointed out that the police officials failed “to exercise extreme care and caution” in ensuring that the police operation was conducted in compliance with police procedures.
The decision was issued on the petition for a Writ of Amparo with a plea for temporary protection order (TEPO) and witness protection order filed by Mrs. Gonzales before the Supreme Court (SC).
Acting on the petition, the SC remanded the case to the CA for hearing and resolution.
A Writ of Amparo is “a special constitutional writ to protect or enforce a constitutional right other than physical liberty.
Mrs. Gonzales claimed that she and her late husband “were induced by the respondent police officers to deal in drugs.”
But she said that in mid-2016, they decided to surrender and reform. However, she alleged that Cadag and Canilon threatened to kill them.
On July 5, 2016, Gonzales was killed during a reported buy-bust operation after he allegedly engaged policemen posing as buyers of shabu in a shootout near White Cross in Taktak, Antipolo.
For fear of her life and because of the threats she received, she said in her petition she was forced to go into hiding.
In granting the petition, the CA said the pieces of evidence submitted by the police officers failed to provide a clear picture of the events that transpired during the police operation on July 5, 2016.
It noted that even the investigation report and spot report provided no information with regard to the members of the buy-bust team; who acted as poseur-buyers; and who among the police operatives were fired upon by Gonzales.
It cited the testimony of Canilon who said that during the buy-bust operation, Gonzales drew his firearm and started shooting the police officers.
“If such was the case, the exchange of bullets should have occurred at close range. However, based on the sketch detail and measurement from SOCO (Scene of the Crime Operatives) … the body of Joselito lay out about 43.2 feet away from the three cartridge cases presumably came from the firearms of the police operatives as Joselito allegedly used a revolver and its three cartridge cases remained inside the revolver’s cylinder,” the CA said.
“Couple these with the fact that according to the Medico Legal Report issued by the Rizal Provincial Crime Laboratory Office 4A…, Joselito was shot at his back, the possibility that Joselito did not fire upon the police officers and was instead running for his life is not entirely implausible,” it stressed.
At the same time, the CA said the police officers failed to comply with the procedures under the PNP Criminal Investigation Manual to be observed before, during and after buy-bust operations which include the submission of summary information of the target, special reports, surveillance report, contact meeting report and development report.
“In view of the foregoing, we are of the considered opinion that there is substantial evidence in this case to conclude, at the very least, that the legal safeguards in place had been breached by the members of the buy-bust team. Accordingly, such breach merits a finding that Joselito had been the subject of an extralegal killing,” the CA ruled.
On the inclusion of other police officers in the filing of the cases, the CA said:
“It would seem then that it is quite easy for police officers to commit extralegal killing and get away with it since the superior police officers appear nonchalant as to such occurrences.”