CHR files raps vs 10 PNP agents

The Commission on Human Rights (CHR) has filed administrative charges against a top police intelligence official and nine of his men in connection with the "mistaken identity" killing of a hotel executive and a young woman in Quezon City last May 17.

Killed were Fernando Lozada, 48, and 18-year-old family friend Marie Unson. Wounded was Lozada’s 17-year-old daughter Clarissa Frances.

Charged Monday before the Philippine National Police Internal Affairs Service were Superintendent Edgar Iglesia; Chief Inspectors Edwin Portento and James Mejia; and Inspectors Presto Cabangan, Cesar Percival Pangda and Christine Tabdi in connection with the botched anti-kidnapping operation, according to CHR National Capital Region office director Jaime Hechanova.

Hechanova also filed administrative charges against Police Officers1 John Bolatin, Arnold Solas, Cherlyn Tundayag and Frederick Taala, who, like their superiors, are with the Camp Crame-based PNP Intelligence Operations Division.

Ombudsman Aniano Desierto ordered yesterday that the 10 policemen be placed under preventive suspension.

"The initial finding of the Office of the Deputy Ombudsman show that there is strong evidence to support the administrative complaint for gross misconduct against the policemen involved," Desierto said.

The victims were driving along Araneta Avenue in Quezon City on board a blue Mitsubishi Lancer at around 8 p.m. on their way to Quezon City when the police agents, who were in civilian clothes, ordered them to pull over.

At that time, the police agents were after kidnap-for-ransom gang members who snatched Mark Harris Bacalla, a son of former Quezon City regional trial court judge. The accused later said that the victims’ car had an uncanny resemblance to the one the kidnappers had used to claim the ransom money from the Bacalla family.

But an alarmed Fernando, who was on the wheel, stepped on the gas and sped away, mistaking the lawmen for criminals. The police agents opened fire at the speeding car and gave chase. The hotel executive, who worked at the New World Hotel, drove on, believing that criminals were pursuing them. He took a U-turn to the other lane until he crashed onto a concrete wall.

The victim’s daughter Clarissa, who was seated beside her father, survived the shooting. She told National Bureau of Investigation (NBI) probers that the policemen continued to pepper their car with bullets even after it hit the wall and came to a stop.

Desierto also said investigation shows that at the time of the incident, the policemen had nothing to identify themselves as law enforcers. He added this seemed to be the reason why Lozada tried to flee.

Preventive suspension is one mode of administrative sanction where an employee is suspended while the investigation is still in progress. This is aimed at averting any possible influence of the probe, or harassing witnesses and tampering evidence.

Apart from the administrative case pending against the PNP officers befofe the Ombudsman, the DOJ is also conducting a preliminary investigation against them based on double murder charges filed by the NBI.

The complainants in the case are Clavel Lozada, wife of the victim, and the National Bureau of Investigation who investigated and filed the criminal charges before the justice department.

Murder and frustrated murder complaints have also been brought before the Office of the Ombudsman against the police officers.

Yesterday, the CHR handed over a P15,000 check each to the Lozadas and the Unsons. "From the evidence on record, it appears that the incident is an apparent case of human rights violation, hence, the heirs of the victims are entitled to a grant of financial assistance," said Hechanova.