NBI men who shot wrong people axed

The 19th Division of the Court of Appeals presided by Justice Isaias Dicdican has upheld the decision of the Ombudsman-Visayas dated April 28, 2003 to dismiss from the service the NBI agents involved in the near massacre of Plantation Bay workers on December 13, 2002.

The NBI agents involved were Angelito Magno, Arnel Pura, Danilo, Garay, Rey Tumalon (deceased) and Teodoro Saavedra. They have been accused of multiple frustrated murder with double attempted murder owing to a botched drug operation that nearly killed several employees of Plantation Bay.

The victims were sport and recreation department supervisor Alfie Rodriguez and co-workers Michael Monsod, Nenette Castillon, Gian Carlo Cajoles, Esther Luz Mae Gregorio, and Donaldo Enabe.

Lawyer Angelito Magno, who is now assigned in Manila, confirmed he received the CA order last August 10. He said that the penalty meted to him was modified to "forced resignation instead of dismissal, plus disqualification for one year from any government service, and perpetual disqualification from law enforcement."

Joey Wee, the legal counsel of Magno, is set to file, within this week, a motion for reconsideration before the CA 19th Division.

Lawyer Adelino Sitoy, who represents in court the workers of Plantation Bay, said he isn't surprised at all by the decision.

"Wa ta ma-surprise kay wa man gyud to'y klaro nga surveillance ilang operations. It was established nga sipyat gyud. Ang mga naigo dili ang klarong target," Sitoy said.

But for the criminal aspect, the decision is still pending before the sala of Mandaue Regional Trial Court judge Augustine Vestil.

At least 73 bullet holes were found in the Mitsubishi L-300 van used by the resort workers, who were on their way home from a party in Mactan when accosted and chased by the agents starting from Mandaue City all the way to A.S. Fortuna street in Cebu City.

In April of 2005, Fernandez, the first prosecution witness in the near massacre pointed to Saavedra as one of those who shot them. - Ramil V. Ayuman