Now facing charges in the Department of Justice are team leader Superintendent Edgar Iglesia and team members Police Officer 1 Frederick Taala, PO1s John Bolatin, Arnold Solas, and Cherrilyn Tundayag; and Chief Inspector James Mejia, Senior Inspector Edwin Portento, Inspectors Preston Bangandan, Cesar Pangda and Christine Tabdi.
Investigation conducted by the NBIs Intelligence and Special Operations Division (ISOD) under agent Oscar Embido showed that the suspects were at the intersection of Del Monte and Araneta avenues when they encountered the Mitsubishi car driven by Fernando Lozada, 48, chief steward of the New World Hotel. Also aboard the car were Fernandos daughter Clarissa Frances, 17; and Marriane Uson, 17, his daughters friend.
According to the NBI, the suspects were in the area to arrest alleged kidnappers of Mark Bacalla, son of a deceased Quezon City judge, when they encountered the victims car.
Reports said the suspects apparently mistook the victims car as that of the kidnappers and opened fire to make it stop. A chase ensued when the victims refused to stop, thinking that the suspects were kidnappers.
According to reports, the suspects continued to fire at the victims car until it crashed into a gutter on Maria Clara St. where the suspects then again reportedly opened fire.
The NBI said ballistics tests conducted by the PNP showed that slugs recovered from the victims car and from Fernando Lozadas body matched Bolatins gun.
Fernando and Uson were killed on the spot while the suspects rushed Clarissa to the hospital but not before taking her cellular phone after she tried to call for help.
Clavell Lozada, Clarissas mother, told reporters yesterday that the suspects used her daughters cellphone to threaten them in the days following the incident.
"They would text my daughters business card to my cellular phone to let us know that they had my daughters cellphone. The harassment continued until the cellphone was recovered from one of the suspects," she said.
Clarissa told NBI reporters yesterday that shortly after their car smashed into the gutter, Pangda approached her and checked if she was still alive. Taala then appeared and took her cellphone before taking her to the hospital.
The 10 PNP-IG men were earlier summoned for investigation by the NBI. However, the suspects snubbed the bureaus invitations.
"They informed us that they will just answer the charges during the preliminary investigation of the case," said NBI director Reynaldo Wycoco.
Wycoco said that once the justice department determines probable cause, arrest warrants will be issued by the court for the suspects.
As these developed, Wycoco said that it will be up to the leadership of the Philippine National Police to determine if there was indeed a violation of the rules of engagement and if there is ground to investigate Senior Superintendent Reynaldo Berroya for command responsibility.
"As far as we are concerned, the Lozada case is now solved. The rules on engagement and command responsibility are internal to the PNP," said Wycoco.
Lozadas widow, meanwhile, expressed her thanks that the case of her husbands and daughter is now over.
"I am sure justice will be served. I am thankful that the NBI and the PNP have been instrumental in the solution of the case," she said.