Philippine Drug Enforcement Agency (PDEA) Director General Wilkins Villanueva claimed that a member of the Quezon City Police District (QCPD) did not follow standard procedures when they were supposedly conducting a buy-bust operation prior to the deadly encounter last February 24.
Had protocols been observed, they would not have figured in the controversial shootout, Villanueva said at the Senate Public Order and Dangerous Drugs Committee's inquiry on Monday, May 24, on the shootout between anti-narcotics operatives outside a fast-food restaurant in Quezon City.
During the hearing, Villanueva particularly recalled the way that police corporal Elvin Garado approached the overheated vehicle used by unknowing PDEA agents who are also conducting their own buy-bust.
Garado was designated to act as poseur-buyer for the QCPD. He was later killed in the shootout.
The QCPD was targeting a certain drug dealer they named "James Tan", through the aid of a female informant.
It would turn out that the PDEA was planning to apprehend the QCPD's informant called "Mama Jo", following the tip of their own asset they identified as Matalnas Untong, or alias "Bato".
Showing to the panel a closed-circuit television (CCTV) footage of the incidents before the so-called "misencounter", Villanueva said Garado confronted the PDEA's informant at the driver's side of the car and allegedly drew his gun.
In the video clip, a woman was seen following Garado, carrying a paper bag containing the police's buy-bust money.
"What is the mode of delivery ? Was there a transaction that happened?...Wala man lang usapan na kahit ano, bumunot kaagad si late corporal Garado at may hinahanap dito sa harap (There was not a single exchange, corporal Garado just drew his gun and searched for something in front of the car)," Villanueva said.
"Wala sir kaliwaan dito, eh. Ang ginawa lang niya, kinapkapan niya si Bato at pupunta siya later doon sa kabila kung nasaan 'yong female companion ni Bato (There was no trade of the payment and the drug. What he did was frisk our informant Bato and later rush to the other side of the car where Bato's female companion was seated)," he pointed out.
This was the "prelude" to the controversial encounter, the PDEA chief said.
"After this all hell broke loose," Villanueva told the senators, saying Garado was the one who started shooting at PDEA agents.
It was then that other back-up PDEA agents reinforced their fellow operatives and fired back at Garado. The PDEA was still unaware that Garado was a cop, Villanueva maintained.
He stressed the importance of complying with the mandated elements of a buy-bust operation as failing to do so could result in the immediate dismissal of the drug charges.
"Ever since, ito kasi 'yong tinuturo sa PDEA, eh. Dapat kumpleto 'yong elements eh, dahil 'yan sir ang hinahanap ng korte. Bawasan mo ng isa yan, sir, dismiss yan, sir (Ever since, this is the one being taught in the PDEA. That the elements must be complete because those are what the court asks of us. Miss only one of them and the case will be dismissed, sir)," he explained.
"Itong video na ito, 'pag nakita ng korte ito, dismiss agad yan, sir (Show this video to the court and it will immediately scrap the case, sir)," he pointed out.
For the PDEA, no buy-bust operation was conducted. "One thing clear, the continuous acts performed were purely violent acts of assault," he further said.
What Garado should have done, Villanueva said, was to wait for their female asset to introduce him to their perceived drug dealer, enter the vehicle where they trade the buy-bust money for the illegal drugs, before doing the pre-arranged signal for his colleagues to arrest the suspect.
"This unfortunate incident ay dapat hindi mangyayari kung tama lang ang ginawa nilang procedure (would not have happened if the properly followed the procedure)," he later told the Senate panel.
"Hindi namin alam na PNP sila, eh. Bakit? Eh ang alam namin sir, doon sa nakikita ng tao, ng back-up namin, ay isang tao na bumunot ng baril at tumutok na sa tao natin (We did not know that they are members of the PNP. Why, what our back-up agents saw was a man who drew and pointed his gun at our men)," he added.
'Police instinct'
But Senator Ronald Dela Rosa, a former policeman, was quick to defend Garado's actions. He said it was an "instinct" to police officers to immediately secure the illegal drug as evidence, even if the buy-bust operation has not been completed.
"Even without talking with the QCPD...ako, being a police officer, makakita ako niyan, police instinct ni Garado, magdeliver na sila ng pera, i-secure na siya yong shabu na kukunin nila: 'Saan na 'yong shabu mo?' Aresto na diresto (Being a police officer, and I see such an incident, Garado's police instinct was since they are tasked to deliver the money, they would immediately secure the shabu that they are looking for: 'Where is your shabu?' So he could arrest them right away)," said Dela Rosa, who was the Duterte administration's first PNP chief.
"Ako lang, 'yong police instinct ko man, being a policeman, unahan ko na, dala ko na ang pera, unahan ko na, 'Saan ang shabu mo?' (Being a policeman, my instinct is to be proactive and immediately secure the illegal drug)," he told Villanueva.
When Villanueva insisted on the legal procedures that should be followed, Dela Rosa said: "Whatever, whatever, legal na k'wan diyan. Sa aking lang, my police instinct, whether legal or illegal, sabihin ko lang sayo as a reaction to what you are asking (Whatever legal issues are there. To me, I will follow my police instinct, whether legal or illegal, that is my reaction to what you are saying)."
Senator Risa Hontiveros, meanwhile, supported Villanueva's concerns and also questioned how the slain police officer conducted the buy-bust operation.
"Kumbaga, hindi pa nagawa, hindi pa nangyari 'yong buy-bust...So yong mga elements na dapat mangyari dito pero medyo hindi in order (The crime was not yet committed, the buy-bust has to be conducted...So the elements that should have happened were not in order)," she said.
Senate President Vicente Sotto said that Villanueva's statements bolsters his proposal for the creation of the Presidential Drug Enforcement Agency, where the PDEA would be absorbed to supervise all anti-drug operations and interventions in the country.
"So that PDEA agents who are more competent and informed of what to do in operations, which policemen are not fully aware of, would be in charge of supervision," he said in mixed Flipino and English.