NBI not rushing store mauling case

CEBU, Philippines - National Bureau of Investigation-7 Regional Director Antonio Pagatpat said their office is not rushing to file a case against those responsible for the death of alleged shoplifter Mario Alfie Ducayag as they don’t want to bungle it in court.

“Our investigation is still going on. ‘Wag nating madaliin para hindi ma-compromise ang kaso baka hanggang press conference lang tayo,” he said.

Pagatpat also said he will send an agent to the Cebu City Police Office for a case conference for their official takeover of the case.

The victim’s sister Marie Shantylle and her mother Fe Soledad went to NBI and talked with Pagatpat regarding the recent incidents including the attempt of the PNP to file charges against Gaisano Metro Colon CCTV camera operator Jeffrey Aquino last Monday.

Marie said they were happy with the arrest of Aquino by the Cebu Intelligence Branch but were shocked by what followed.

“The development of the investigation was fine but suddenly the CIB enters into the picture which is shocking and surprising,” she said adding they questioned the involvement of the CIB because it was the Homicide Section lead by SPO4 Alex Dacua who first handled the case.

Aside from that, she said the attempt of the CIB to file a murder complaint against Aquino was a disappointment.

She and her mother went to CIB chief Romeo Santander requesting them not to file the case to which the latter said yes, but last Monday the CIB tried to file it anyway. She added Santander has no word of honor.

“With their actions yesterday (Monday) we can say that they’re not helping in the progress and development of the case, they’re not helping us to find justice, if they’re helping us they would be transparent to us,” she said.

“We are not puppets in this show, we are the director, we know what to do and they should respect the decision of my mother but they have no word of honor, no transparency, they were liars yesterday, so there not helping us, you’re not helping us PNP after all…you are probably willing to help someone else,” she added.

Marie said they are not worried about to the release of Aquino. In fact, she said she hopes he can spend time his with his family and children before he will be formally charged.

The PNP arrested Aquino after the store head of security Mauricio Dublados and house detective Melvin Boyles pointed to him as the one responsible for the mauling the victim to death.

But the Ducayag family said they believe the two are also involved. They are also eyeing a civil case against Gaisano Metro Colon establishment considering the incident happened inside.

“We will certainly file damages against the establishment,” she said.

Mae Elaine Bathan, president of the Integrated Bar of the Philippines Cebu City Chapter, said their office is willing to assist the family of the victim if they will ask.

She also said the PNP violated the rights of Aquino when they arrested him based on the affidavits of Dublados and Boyles. She said filing of complaint based on the statements of two people was weak.

Takeover

The CCPO is set to let the NBI take over the case.

“The Homicide Section and this office have decided to turn over the case to the NBI-7. If the NBI will request the affidavits of the witnesses, among ihatag nila,” said CCPO acting director Mariano Natu-el Jr.

In respect to Ducayag’s family, Natu-el said they released Aquino and did not pursue filing charges against him.

Contrary to the claim of the victim’s family, Natu-el also said they never assured them that they will not file a case against Aquino. He said he informed them they have already arrested a suspect based on witnesses’ accounts.

“As far as I can remember, wala gyud ko’y gisaad na di mo-file og kaso... It’s too unfit for me na di mag-file og kaso because we have arrested a suspect. Unsa man purpose namo pagdakop kung di mi mu-file,” Natu-el claimed.

Last Monday, police proceeded to the city prosecutor’s office to file a murder charge against Aquino but Natu-el said they eventually refrained from filing it because Ducayag’s family protested.

“Gi-respect na lang nato ang ilang tuyo na di i-file ang kaso and also para ma-avoid na ang kasamok,” the CCPO director said.

The CCPO director said the family should not generalize the whole organization of the Philippine National Police as having a bad image if they only have problems with PNP Crime Laboratory medico-legal officer Nestor Sator, whose autopsy report they claimed was wrong.

Natu-el added that they have been working on the case since they are also seeking justice for the death of the accused shoplifter. –(FREEMAN)