Dismissed NBI agents to continue working

National Bureau of Investigation special investigator Arnel Pura yesterday said he and his fellow agents involved in the botched drug operation in December 13, 2002 will continue to work despite the recent decision of Court of Appeals 19th Division upholding the decision of the Ombudsman-Visayas to dismiss them from the service.

Pura said he already talked with his lawyers, former Lapu-Lapu City prosecutor Celso Espinosa and Vicente Espina, about the issue.

"We will continue our work and of course we will be filing reconsideration because it's not final and executory yet," Pura said, adding that they have the support of their immediate superior NBI-7 Medardo De Lemos, who is still in Manila.

The NBI agents involved in the near-massacre of Plantation Bay workers on December 13, 2002 were Angelito Magno, Pura, Danilo Garay, Rey Tumalon (deceased) and Teodoro Saavedra. They have been accused of multiple frustrated murder with double attempted murder along with other civilian agents.

Magno's legal counsel Joey Wee said that the penalty of his client can still be erased "as soon the Court of Appeals will be enlightened about some facts" in its motion for reconsideration.

Magno, who is now assigned in Manila, was meted a modified penalty of forced resignation plus one year disqualification from any government service and perpetual disqualification from law enforcement.

The NBI agents earlier appealed the decision of the anti-graft office recommending the dismissal from service of all NBI agents involved in the bungled operation.

Wee said that his client should not be meted such penalty because he never committed any misconduct nor negligence during the operation that nearly killed several employees of Plantation bay.

In the CA decision dated August 8, 2006, the appellate court gave credence to actuation of Magno on the aspect of command responsibility.

It also said Magno should be entitled to "some degree of leniency" because evidence showed he had not fired his gun nor did he act as a team leader during the incident.

The victims in the bungled operation were sport and recreation department supervisor Alfie Rodriquez and co-workers Michael Monsod, Nenette Castillon, Gian Carlo Cajoles, Esther Luz Mae Gregorio and Donaldo Enabe who were chased and shot at by the NBI agents from Mandaue City until A.S. Fortuna Street in Cebu City after mistaking them as bigtime drug pushers.

The NBI employees were given 15 days to file its legal remedies before it becomes final and executory. - Ramil V. Ayuman