Cops, cabbie linked to the deaths of Carl Arnaiz and Reynaldo de Guzman sued for double murder

admin   •   September 14, 2017   •   3571

Complaints filed by PAO

Complaints filed by PAO

MANILA, Philippines — The Public Attorneys’ Office (PAO) has formally filed complaints against the policemen and taxi driver involved in the killing of 19-year-old Carl Arnaiz and 14- year-old Reynaldo de Guzman alias Kulot.

They are facing double murder charges, violation of firearms act, planting of evidence, violation of the drugs act and of the anti – torture act or the Republic Act No. 9745.

“We included the driver because Carl was already dead when he said he was robbed between 2 to 3 o’clock. But as of 1:28, the minor was already killed,” said PAO chief Atty. Persida Acosta.

“The basis is : why did he connive with the police to charge Carl?” she added.

PAO also noted that the intervention of other investigating bodies in the slay cases of Arnaiz and Kulot is unreasonable.

The PAO chief said they should no longer interfere in terms of examining the remains the minors.

“Why did they conduct a test when the remains are positively identified by the NBI, the CHR, and PAO and even the parents themselves?” said Acosta. “Then they should excavate so they would face charges before the Ombudsman.”

On Thursday, the Department of Justice began the preliminary investigation on the killing of Kian delos Santos.

Some witnesses, two of them minors, were in attendance, assisted by PAO.

The parents of Kian also attended the preliminary investigation.

Acosta said they have strong evidence against the four Caloocan policemen who initially faced complaints filed by the National Bureau of Investigation over their merciless killing of the grade 12 student.

“Now, we move for the issuance of subpoena of the individuals the IAS will investigate,” said Acosta.

The four policemen involved in the slay case were present in the preliminary probe. They are CInsp. Amor Cerillo, PO3 Arnel Oares, PO1 Jerwin Cruz and PO1 Jeremias Pereda.

Despite this, they have yet to submit their counter affidavit, saying they have not yet received the copy of the complaint.

“To seek a clarification because when we received the subpoena from the DOJ last Tuesday, there is no complaint affidavit attached in this subpoena, although there is a result of the investigation made by the NBI, but I have not seen any complaint affidavit attached herein. So may we request to have a copy of all the complaints?” said  Atty. Oliver Yuan, a legal counsel of Caloocan police.

The DOJ also ordered the appearance of 12 other cops on duty in the Caloocan police station when the operation and killing of Kian delos Santos happened.

According to the acting prosecutor general, the murder of Kian, Carl and Kulot can be considered as high-profile slay cases.

“Considering that this case, maybe considered a high profile complaint. I will recommend to the secretary that a three-member panel be created otherwise it will be assigned to an individual prosecutor,” said acting Prosecutor General Jorge Catalan Jr.

The next hearing on the Delos Santos slay case is set on September 25. — Aiko Miguel | UNTV News & Rescue

 

DOJ hopes SC will rule on merit, not personalities behind petitions vs anti-terror law

Robie de Guzman   •   July 24, 2020

MANILA, Philippines – Department of Justice (DOJ) Secretary Menardo Guevarra on Friday expressed hope that the Supreme Court will resolve the questions on the legality of Anti-Terrorism Law of 2020 based on the merits, and not the number and personalities behind lawsuits.

“All these petitions, no matter how many they are, will boil down to a common set of constitutional issues. The Supreme Court will resolve these issues on the merits of the arguments advanced by the parties concerned, and not on the basis of their number or personal or professional stature,” Guevarra said.

At least 16 petitions have been filed before the Supreme Court against the controversial measure which came into effect this month.

Among those who questioned the validity of the law were law professors and former officials of the Executive branch and retired Supreme Court Justices.

The petitioners questioned the vague and broad provisions of the law that may lead to arbitrary and discriminatory enforcement and malicious prosecution of innocent people.

Petitioners also urged the high court to declare the entire law unconstitutional and to stop its implementation.

DOJ maintains rule of law fairly applied to all quarantine violators

Marje Pelayo   •   July 23, 2020

MANILA, Philippines — The Department of Justice (DOJ) maintains that the law is being fairly implemented and uniformly enforced on all quarantine violators.

This was in response to critics accusing the agency of favoring personalities such as Senator Koko Pimentel who visited Makati Medical Center in March despite being positive for coronavirus disease (COVID-19), thereby exposing hospital staff and other patients to infection. 

Another controversial violation was the gathering of staffers during the birthday party of National Capital Region (NCR) Police Office Chief Debold Sinas where a number of violations were identified. 

But up to now, Sinas remains in position. 

In comparison to their cases, local government units (LGUs) have been more strict when it comes to apprehending ordinary residents over protocol violations. 

To date, over 200,000 quarantine violators have bee arrested, some even detained by authorities. 

In defense, Justice Secretary Menardo Guevarra denied any inconsistencies or variation in the implementation of the law whether against people of status or ordinary residents. 

“I wouldn’t really say that there is an inconsistent application of the rule of law it just so happened that a greater number of those arrested came from the lower income groups,” Guevarra said.

“And that’s simply because they are the ones who were caught on the streets and for that reason since they have been found or at the time of their arrest were found to be violating certain quarantine rules and regulations kaya sila marami ,” he added.

In fact, Guevarra said, authorities are now investigating the incidents involving Pimentel and Sinas. He added that charges have been filed against several policemen who themselves violated quarantine protocols. 

“So it’s really a matter of perception but kasi greater number yung mga tao na masasabi na nasa lower income level yung tinatawag nating mga mahihirap na nahuhuli sa mga violations,” the Justice Secretary said. 

“But it doesn’t mean at all that there is an unfair application of the law. We apply this as uniformly as possible,” he concluded. MNP (with details from Joan Nano)

NBI recommends filing of raps vs Jolo cops involved in killing of soldiers

Robie de Guzman   •   July 21, 2020

MANILA, Philippines – The National Bureau of Investigation (NBI) on Tuesday recommended to the Department of Justice (DOJ) the filing of complaints against police officers involved in the killing of four soldiers in Jolo, Sulu in late June.

In its report to the DOJ, the NBI recommended the filing of four counts of murder and planting of evidence against the following cops:

  • PSMS Abdelzhimar Padjiri
  • Police Master Sergeant Hanie Baddiri
  • P/Staff Sergeant Iskandar Susulan
  • PSSg Erniskar Sappal
  • PCorporal Sulki Andaki
  • Patrolman Mohammad Nur Pasani
  • PSSg Almudzrin Hadjaruddin
  • Patrolman Alkajal Mandangan
  • Patrolman Rajiv Putalan

The NBI also recommended the filing of neglect of duty charges against three police officials:

  • Sulu Provincial Police director P/Colonel Michael Bayawan Jr.
  • Jolo Municipal Police Station chief P/Major Water Annayo
  • Sulu Provincial Drug Enforcement Unit chief P/Captain Ariel Corcino

The shooting incident happened on June 29. Four soldiers were said to be tailing alleged suicide bombers when they were supposedly accosted by nine cops.

Despite identifying themselves as members of the military, they were instructed by the policemen to proceed to the police station for the verification of their identities.

Police spot report stated that the shooting incident transpired when the soldiers allegedly tried to escape and pointed their weapons at the police officers, which allegedly prompted the cops to open fire.

The NBI was tasked to investigate the incident as both agreed by the Philippine National Police and the Armed Forces of the Philippines.

The DOJ said the complaints will be elevated to the court once it has found a probable cause. – RRD (with details from Correspondent Dante Amento)

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