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THE
Ombudsman have junked the administrative and criminal
complaints against the 20 policemen assigned in
Calabarzon (Cavite-Laguna-Batangas-Rizal-Quezon) filed
by the Criminal Investigation and Detection Group (CIDG)
in connection with the burning of a public elementary
school during the May 2007 midterm election that
resulted in the death of a teacher in Taysan, Batangas.
The
seven-page resolution signed by Emilio Gonzales III,
Deputy Ombudsman for the Military and Other Law
Enforcement Offices, and concurred by Overall Deputy
Ombudsman Orlando Casimiro, said “there is absolutely no
proof” offered by the CIDG to administratively charge
the accused for grave misconduct and oppression.
Supt.
Elwin Fernandez, Batangas CIDG team leader and lead
investigator, filed the complaints against the police
officers before the Ombudsman and the Prosecutors Office
in Batangas.
Included
in the charge sheet was the former Calabarzon police
commander, Chief Supt. Nicasio Radovan, as main suspect.
Others
charged were policemen belonging to the Regional Special
Operations Group (Rsog) then under Supt. Roger James
Brillantes; Supt. David Alluigan, Chief Insp. Jess
Kabigting,
Insps. Robert Marinda, and Marcelino Pipo Jr., Senior
Police Officer (SP0) 2 Wiliam Relos, SPO2 Geronimo
Manalo and SPO1 Leo Morcilla,
Police
Officer (P0) 3 Rico Landicho, PO2 Romeo Medalla Jr.,
SPO2 Ernesto Medalla Jr., SPO2 Ernesto Javelona, SPO1
Luis Almares, SPO1 Danilo Sumpay, SPO1 Rufo Carino, SPO1
Eduardo Quinto, PO2 Jimmy Runcal, PO3 Danilo de Belen
and PO3 Jun Lucilo.
During
the May 2007 elections, four masked men burned down a
school in barangay Pinagbayanan, Taysan, as poll
precincts were about to close, killing teacher Nellie
Banaag and two other election workers. Policemen
identified with a local candidate were subsequently
named as suspects in the case.
In its
complaint, the CIDG claimed that the Rsog team in
Batangas then headed by Marinda, and with the consent of
Radovan and Brillantes, acted as a “political strike
force” for mayoral candidate Hernando Villena, who was
also among those charged.
In
support of its allegation, the CIDG claimed Rsog, an
elite police unit directly under Radovan’s office, was
not included in the task force activated by the National
Police to ensure the conduct of honest, orderly and
peaceful elections (Task Force Hope) and the unit was
therefore acting independently outside of the National
Police’s chain of command.
In
addition, the CIDG also presented as evidence the
testimony of witness Cesar Suyom, who identified Marinda
and Relos during a police lineup as among those who
torched the school building.
But
according to the Ombudsman, Radovan and his men
presented sufficient evidence to debunk the allegation
against them.
A
separate case for violation of the Omnibus Election Code
against the respondents was also dismissed by the
Ombudsman for lack of jurisdiction.
Brillantes said they were “greatly relieved” by the
ruling.
“From
the very start, we were confident that in the end
justice would prevail and we would be vindicated simply
because we did nothing wrong,” he said, adding, “Our
vindication inspires us to serve with renewed dedication
the police organization that we belong to and the
public.”
The
accused maintained that the investigation into the
incident was “biased” against the Rsog men since the
investigators did not include the presence of a separate
Air Force contingent and other armed “friendly forces”
as among the probable suspects.
The
Ombudsman also noted that Suyom should have earlier
fingered Marinda and Relos immediately after the
incident as the perpetrators since they were present
when Suyom was being questioned by the National Bureau
of Investigation.
“There
is … more than enough reason to doubt the evidence
submitted by complainant [CIDG], most important, the
credibility and propriety of the police lineup…when
Suyom had all the opportunity to identify Marinda from
the very beginning,” the resolution said. |
