A Department of Justice (DOJ) panel of prosecutors has upheld the dismissal of the murder complaint against 17 policemen for the death on March 7, 2021 of activist Emmanuel “Manny” Asuncion.
Asuncion was one of nine activists who died during the joint operation of law enforcers in Southern Tagalog provinces to ferret out alleged members and supporters of communist terrorist groups (CTGs).
Affirmed was the dismissal of the complaint against PLt. Elbert M. Santos. PLt. Shay Jed Sapitula, PSMS Hector R. Cardinales, PMSgt. Ariel P. Dela Cruz, PSSg. Joemark Sajul, PCpl. Ernie A. Ambuyoc, PCCpl. Mark John A. Defiesta, PCpl. Arjay Garcia, PCpl. Caidar Dimacangun, PCpl. Bryan Sanchez, PCpl, Ericson Lucido, Pat. Jayson Maala, Pat. Juanito Plite, Pat. Jonathan Tatel, Pat. Prince Benjamin Torres, Pat. Jaime Turingan, and Pat. Rey PJ Dacara Lopera.
The panel of prosecutors denied the motion for reconsideration filed by Asuncion’s wife Liezel.
The panel said: “Anent the motion for reconsideration, it is apparent that the contentions therein are mere reiterations of the allegation in the complaint and reply. The said matters were thoroughly discussed in the assailed Resolution. As categorically explained therein, the complaint and the pieces of evidence attached to it failed to establish the existence of probable cause against herein respondents for the offense charged.”
It also said: “While the motion for reconsideration attached documents that were not part of the initial complaint, it cannot be considered as newly discovered evidence that would warrant a reversal or modification of the assailed Resolution. It appears that these documents were already available and in existence at the time of the filing of the complaint, hence, it is suspicious why they were not submitted before the Panel as part of the complainant’s evidence. This belated submission at this stage of the proceedings has no material bearing anymore.”
The resolution was signed by Senior Assistant State Prosecutor Rodan ZG Parrocha and Assistant State Prosecutor Moises Yao Acayan with the approving signatures of Prosecutor General Benedicto A. Malcontento and Senior Assistant State Prosecutor Anna Noreen T. Devanadera.
Asuncion was killed at the Worker’s Assistance Center Satellite Office located in Salitran I, Dasmarinas City, Cavite.
Policemen maintained that Asuncion fought back or “nanlaban” during the service of search warrants.
With the denial of her motion for reconsideration, the National Union of Peoples’ Lawyers which represented Liezel said that a petition for review will be filed before the office of Justice Secretary Jesus Crispin C. Remulla.