PNP chief approves filing of charges vs TMG cops in shooting blunder

Philippine National Police (PNP) chief Director General Arturo Lomibao approved yesterday the filing of administrative charges against 14 members of the Traffic Management Group (TMG) in connection with a shooting incident that almost killed a businessman, whom they mistook for a carjacker in Pasig City last March 7.

Lomibao approved the recommendation of the Directorate for Investigation and Detective Management (DIDM), which investigated the case and found probable cause to warrant the filing of administrative charges of grave misconduct and the less serious charge of neglect of duty.

The TMG officers were pursuing a group of car thieves on board a silver Toyota Altis (XDA-235) on EDSA in Quezon City when they lost track of the vehicle in Ortigas.

Another group of TMG officers spotted a silver Toyota Vios (XPA-876) belonging to business executive Randolph Clareto, whose car they mistook to be the target.

The TMG cops shot at the car and wounded the business executive. Fortunately, Clareto was able to drive himself to a nearby hospital, where he was given immediate medical attention.

The 14 TMG officers facing less serious neglect of duty are SPO2 Jaime de Guzman, PO3 Jerry Atanacio, PO2 Mario Aresta, PO2 Renato Salinas, PO2 Marcelino Dacoylo, PO2 Arthur Olosan, PO2 Gari Delgado, PO2 Norman Interino, PO2 Ruben Mission, PO2 Michael Lescano, PO1 Jerry Abiad, PO1 Joseph Martin, PO1 Reynaldo Pedregoza, and PO1 Raxiel Naprato.

In addition to the charges of violating the PNP Operation Procedure, separate charges of grave misconduct would be filed against Aresta, Salinas, Abiad, Martin, Atanacio, Naprato and Pedregoza for alleged reckless imprudence, resulting in damage to property.

DIDM chief Director Marcelo Ele Jr. also recommended a 90-day preventive suspension for Aresta, Salinas, and Abiad, who also face separate charges for conducting an operation without authority, as well as causing physical injuries.

Lomibao designated Senior Superintendent Wilben Mayor, of the Civil Security Group, as summary hearing officer.He will be hearing the case against the TMG officers.

"The nature of the damages sustained by Clareto’s car indicated the use of excessive force endangering the lives of innocent people to the prejudice of the public," Ele said.

He cited Rule 8 of the PNP Operational Procedure, which provides that moving vehicles "may not be fired upon solely to disable them. The driver or occupant of a moving vehicle may be fired upon if the police has probable cause to believe that the suspects pose an imminent danger of death to the police or to other persons and use of a firearm does not create a danger to the public that outweighs the likely benefits of its use."

"The use of force was unnecessary because the occupant of the car was unarmed," said Ele, who is also chief of the Anti-Illegal Drugs Special Operations Task Force.

The shooting incident prompted Lomibao to implement a revamp in the TMG leadership.

Newly appointed TMG director Chief Superintendent Errol Pan has ordered his men to undergo re-training in Subic, Zambales.