The Department of Justice (DoJ) has ordered the nine policemen tagged in the killing of four Army intelligence officers in Jolo, Sulu last June 29 to submit their counter-affidavits in response to the allegations against them.
Prosecutor General Benedicto Malcontento said the panel of prosecutors who will conduct the preliminary investigation of the case will issue subpoenas to the policemen Monday.
Once they receive the subpoenas, Malcontento said the policemen have “10 days to submit counter-affidavits.”
“No need for actual appearance,” the Prosecutor General pointed out.
The panel of prosecutors is composed of Senior Assistant State Prosecutor Gilmarie Fe Pacamarra, chairman, Assistant State Prosecutors Consuelo Corazon Pazziuagan and Alejandro Dqguiso, and Prosecution Attorney Gino Angelo Yanga.
In its complaint filed before the DoJ last July 21, the National Bureau of Investigation (NBI) recommended to the DoJ National Prosecution Service (NPS) to indict the nine policemen involved in the shooting with murder and planting of evidence of Major Arvin Indamog, Capt. Irwin Managuelod, Sgt. Eric Velasco, and Corporal Abdal Asula, who were engaged in surveillance operations in Jolo against suspected suicide bombers.
The nine policemen are Police Senior Master Sgt. Abdelzhimar Padjiri; Master Sgt. Hanie Baddiri; Staff Sgt. Iskandar Susulan; Staff Sgt. Ernisar Sappal; Corporal Sulki Andaki; Patrolman Moh. Nur Pasani; Staff Sgt. Almudzrin Hadjaruddin; and Patrolmen Alkajal Mandangan and Rajiv Putalan.
The NBI also recommended the indictment of Sulu Provincial Police Office chief Police Col. Michael Bawayan Jr.,Jolo police chief Police Major Walter Annayo, and Provincial Drug Enforcement Unit chief Police Capt. Ariel Corcino for neglect of duty.
“After a through perusal of the records of this case, we are convinced that the evidence presented amply demonstrates that the victims were killed and that was the 9 Police Officers who killed them,” NBI Legal Evaluation Division (NBI-LED) Officer-In-Charge Atty. Yehlen Agus said in a memorandum.
Agus added the nine should also be indicted for planting of evidence since witnesses told investigators that Indammog did not carry any firearm when he alighted from the Montero and “it could be concluded that the rifle recovered near his left hand was indeed planted.”
“We also agree that the failure of the Sulu Police Provincial Director, PDEU Chief, and Jolo Chief of Police Chief to inform their subordinates of the active operation by military constitutes Gross Negligence under the Doctrine of Command Responsibility defined in Executive Order 226. In this case, the failure of the above-named Offices resulted in the death of the 4 members of the Philippine Army,” said the NBI-LED chief.