PDEA-7 official cleared in homicide case

CEBU, Philippines - The Regional Trial Court has acquitted Deputy Regional Director of the Philippine Drug Enforcement Agency (PDEA)-7 Levi Ortiz from the homicide case he faced when he was still assigned to the Cebu Provincial Command.

Regional Trial Court (RTC) Judge Bienvenido Saniel, Jr. in his 15-page decision pointed out the failure of the prosecution to prove the guilt of Ortiz beyond reasonable doubt which resulted to the acquittal.

“Wherefore, for failure of the prosecution to prove the guilt of accused beyond reasonable doubt, the court finds the accused not guilty of the crime charged against him,” decision reads.

Ortiz, in an interview, said he was thankful to the Lord for the acquittal.

He also expressed his gratitude for his lawyer, George Bragat, who pointed out that their major defense dwelled on the fact that the shooting incident happened in the line of duty.

It was the Office of the Deputy Ombudsman for the Military who filed the homicide case against the accused who was then a police officer 2. He was charged for shooting Leonardo Reyes, a member of the “Guardians Brotherhood” on February 23, 2002.

Ortiz pleaded not guilty during the arraignment of the case.

To prove his guilt, the prosecution presented Ricky Piezas who testified that on Feb. 23, while playing billiards at Sitio Ilang-ilang, Lagtang, Talisay City, the victim approached and got two billiard balls. The victim allegedly wanted somebody to strike the balls but no one dared because the latter was drunk.

Thereafter, the victim attempted to pull out his gun from his waist but Piezas advised him not to do so because there were many people. Reyes reportedly he followed.

When Piezas was about to convince the victim to go home, Ortiz allegedly arrived and fired his gun towards the victim, with two warning shots followed by several shots using an M16 Armalite Rifle.

Piezas said the victim was hit with his firearm still tucked in his waist but said he does not know how many shots were fired because he ran to a nearby coconut tree to hide.

SPO4 Reynaldo Vitualia, Nomer Cutchon and Ortiz were presented by the defense.

Vitualia said that at the crime scene, he was able to interview Ricky Piezas, Sherwin Labrador and Ortiz.

He said Ortiz told him what he did was self-defense. Piezas told him that the victim was under the influence of liquor and was brandishing his .45 caliber pistol, a claim seconded by Labrador.

Ortiz in his testimony admitted the shooting but said it was in the line of duty.

He said that during the incident, he was a police officer 2 assigned at the Cebu Provincial Command. He also informed the court that currently, he is no longer a member of the PNP as he was employed at PDEA since 2006.

Ortiz said he used his service rifle for self-defense before arresting the victim for brandishing his firearm.

He explained that he fired two warning shots in the air and announced that he was a policeman while directing the victim to put his gun down but the victim allegedly shouted at him in a very arrogant manner.

The victim pointed his gun towards Ortiz prompting the latter to fire his rifle.

“I did not hesitate because I was in an open field, with my house behind me, and feared that my family was also placed in danger,” he said.

Saniel in his decision stated that he found no ill-motive on the part of Ortiz in shooting the victim as they did not even personally know each other.

“Therefore, no reason for him to shoot Leonardo except in self-defense or in fulfillment of his official duty as a police officer as it is evident that the injury caused to Leonardo which resulted to his death, was a necessary consequence of Ortiz’ fulfillment of his duty,” Saniel’s decision read. — (FREEMAN)