A ranking officer of the Philippine National Police-Criminal Investigation and Detection Group Regional Field Unit 4A (PNP-CIDG RFU 4A) charged with two counts of murder for the deaths of a couple during the March 7, 2021 joint police-military operations in Southern Tagalog provinces asked government prosecutors to dismiss the complaint against him.
In his counter-affidavit, PLt.Col. Joseph T. Nandu Jr. said there were other uniformed personnel present when the search warrants were served to couples Ariel Evangelista and Ana Mariz Lemita Evangelista in Nasugbu, Batangas.
“The Final Report stated that the operation was jointly conducted with other uniformed personnel of the PNP and AFP (Armed Forces of the Philippines), and not only by CIDG RFU 4A,” he said in his affidavit.
“There was no positive identification by the witnesses that I was the one who dragged and shot the suspects. Thus, it is respectfully prayed that the instant criminal complainant against me be dismissed for lack of merit.”
The Evangelista couple were among those killed in the joint operations in Batangas, Laguna, Cavite, and Rizal provinces. The March 7, 2021 incident has been dubbed “Bloody Sunday”
Aside from Nandu, the complaint filed by the National Bureau of Investigation (NBI) identified the other respondents as PLt. Arjay Santos, PMSg. Rafael Roque, PMSg. Mark Tolentino, PSSg. Elvern Cacatian, PSSg. Rodel Sillacay, PSSg. Edgar Brinas, PCpl. Aldrin Gabrillo, PCpl. Allen Lugue, Pat. Julio Bautista, Pat. Ray Boom Boom Dalingay, Pat. Grizzly Paras, Pat. Rogelio Ninolla, Pat. Ruel Tenoso, Pat. Rich John Melniel Tumacder, Pat. Renzo Santos, and Pat. Mark Lester Padul – all members of CIDG RFU IVA.
Department of Justice (DOJ) prosecutors have required the 17 respondents to file their counter-affidavits at the start of the preliminary investigation of the complaint.
The counter-affidavits of the 16 other respondents were not immediately available.
Nandu said there were other uniformed personnel present when the search warrants were presented to the Evangelista couple who were both members of the Ugnayan ng Mamamayan Laban sa Pagwawasak ng Kalikasan at Kalupaan (UMALPAS KA).
“We were not the only persons last seen with the suspects Ariel and Anna before and after their death. Based on the recollection of the supposed witnesses, they have seen twenty (20) to fifty (50) uniformed personnel in the subject area. In the sworn statement of Angel Mark Lemita, he claims seeing more than fifty (50) persons,” Nandu said.
He cited that witness Evangelista Escano said in her sworn statement that “she heard the voice of Anna Evangelista shouting ‘Ate Vangie! Ate Malou! Tulong, Tulong po! May Sundalo! (Help us! Help us! There are soldiers).”
He also cited the sworn statement of Reymark Calimag Evangelista who “referred to the assailant as a soldier (‘sundalo’) and not a police officer.”
At the same time, Nandu denied he was one of those who shot and killed the Evangelista couple since he was armed with a 9mm caliber Glock pistol and “no bullets or shell casing coming from Glock 17 were recovered from the subject place.”
“As stated in the Final Report of the Special Investigating Team, the recovered fired cartridge shells came from caliber 45 and 5.56 firearms,” he cited.
He said that since witnesses heard between eight to 10 successive gunshots, “the firearm/s that was/were used was/were automatic pistols and could not have come from a 9mm gun (Glock 17).”
He said he “docked outside the door of the house of the subjects for my safety and retreated to a safety position when I heard the successive gunshots after announcing our arrival and knocking on the door of the subject house.”
“After the gunshots were cleared, uniformed personnel started entering the subject house and found the suspects lying on the floor. I then ordered the police officers present to bring the suspects to the hospital for medical treatment,” Nandu recounted in his affidavit.
He also denied “firmly and specifically deny that I wore a bonnet mask during the operation despite the cover of darkness.”
“I was not wearing a bonnet but a face mask considering the ongoing pandemic, which requires us to cover our mouth and nose,” he said.
“In the instant criminal complaint, there was no positive identification by the witnesses that I was the one who dragged and shot the suspects. “Thus, it is respectfully prayed that the instant criminal complainant against me be dismissed for lack of merit,” he pleaded.