PNP Crime Lab director Chief Superintendent Ernesto Belen reported that there were indications that suspected car thieves Brian Dulay, Antonio Cu-Unjieng and Francis Xavier Manzano engaged plainclothes operatives of Traffic Management Group (TMG) Task Force Limbas in a shootout before they were shot dead at Garnet Road and Ortigas Avenue at the Ortigas Center in that city.
According to the results of postmortem tests conducted by the crime lab on the bodies of the slain suspects, "it can be presumed that there was an exchange of gunfire between the suspects and the police operatives, with the suspects firing (guns) from inside the car."
The PNP Crime Lab report said Dulay and Cu-Unjieng were administered post-mortem paraffin tests and the tests showed they were positive for powder burns. The two suspects had fired guns before they died, the report found.
The Crime Lab report said Manzano tested negative for powder burns, but added that Manzano’s fingerprints were found on the magazine of an Ingram machine pistol found near his body in the back seat of the rented maroon Nissan Exalta car where he and his companions died.
The report also said all three bodies bore multiple gunshot and bullet fragment wounds in the body and head.
The Crime Lab also said that the lack of "tattooing" or traces of gunpowder around the edges of the bullet wounds indicated that the deceased had been shot from a distance no closer than two feet.
Tattooing is the term used by forensic pathologists to describe the pattern of scorch marks left around the edges of a bullet wound by gunpowder ejected along with a bullet when a victim is shot at point-blank or close range.
"Three spent shells found at the scene of the encounter matched the 9mm. Jericho automatic pistol (believed to have been) used by the suspects," the report added.
"We’d rather leave the matter (of investigating the shootout) to agencies under the DILG (Department of the Interior and Local Government) and the PNP, that can provide authoritative statements on the incident," Bunye said.
By issuing this statement, Malacañang sidestepped possible fallout from the incident after Lomibao rescinded the suspension order against the TMG operatives involved in the shooting.
Senior Inspector Henry Cedron, Senior Inspector Hansel Maratan, Senior Inspector Samson Belmonte, PO2 Jesus Fermin, PO2 Sonny Robrigado, PO1 Fernando Gapuz, PO1 Jose Rey Lucena, PO3 Lloyd Soria, PO3 Rizalito Ramos and PO2 Dexter Bernadas were suspended by PNP chief Director General Arturo Lomibao Wednesday, in the wake of claims they might have used excessive force in the encounter.
Belmonte was shot in the foot and later conferred the "Medalya ng Sugatang Magiting" while in the hospital by Lomibao and Interior Secretary Angelo Reyes.
Lomibao suspended the 10 TMG operatives after viewing the video footage of the encounter shown by TV station UNTV. He lifted the suspension order on Thursday to prevent loss of morale in the PNP and to sustain the government’s campaign to stop carjacking.
Lomibao said the lifting of the suspension order against the TMG operatives does not absolve them of any liabilities they may face for violating the rules of engagement.
"They will be made answerable for whatever violation they committed during the operation," Lomibao said. "We recalled the relief order so as not to cause demoralization to other police operatives."
The UNTV video showed the 10 Task Force Limbas operatives shooting Dulay, Manzano and Cu-Unjieng inside the suspects’ sedan while the three appeared to be helpless and mortally wounded or dead.
Bunye also said he had seen only "about three or four seconds" of the UNTV footage and was unable to react to the video clip.
However, he surmised that the police killed the suspected carjackers as an act of self-preservation, as Dulay, Cu-Unjieng and Dulay were earlier reported to be armed and dangerous by other police operatives.
"Self-preservation is one of the strongest instincts," Bunye said. "I cannot really relate this to the incident, but, as a general principle, you know that when you’re in danger, then you’re supposed to take action to put yourself out of danger." — With Paolo Romero