Napolcom to file homicide raps vs cops in EDSA rubout

MANILA, Philippines - The National Police Commission (Napolcom) is prepared to recommend the filing of homicide and other criminal charges against some of the 29 policemen it earlier suspended for their alleged involvement in the rubout of three suspected car thieves in Quezon City last month.

Napolcom chairman and Department of Interior and Local Government (DILG) Secretary Ronaldo Puno issued the statement as the European Union Parliament recently issued a resolution condemning what it said was the continued extrajudicial killings in the country that were likely perpetrated by authorities.

He said the commission is wrapping up its investigation after President Arroyo gave it before the end of the month to render its report on the incident.

“We have not yet completed our report but we are looking at recommending to the Ombudsman the prosecution of some of them for homicide,” Puno said in a telephone interview.

He also said the Napolcom is not involving itself in the quarrel between the Public Attorney’s Office, the Commission on Human Rights, and the Philippine National Police over the investigation of the alleged rubout. “Under the law, we have control and supervision over PNP personnel,” Puno said.

The Napolcom is the agency mandated by the Constitution and the major police reform laws to administer and control the PNP. Under Republic Act 8551, otherwise known as the “PNP Reform and Reorganization Act of 1998,” the commission regained the powers to investigate police anomalies and irregularities, administer police entrance examination and summarily dismiss erring police officers.

He said while the President has yet to receive the final report, she already commended the Napolcom for its swift move to investigate the incident.

“The President has not made any judgment in commending the Napolcom. She is basically saying that she will not tolerate any unjustified use of force,” Puno said.

While the families of the victims have not denied that the deceased may have been carjackers, the summary killings cannot be justified, he said.

“Shooting somebody who is already wounded or not moving is nearly impossible to justify,” he said.

He said not all of the 29 suspended policemen would be recommended for criminal charges but all could be imposed administrative sanctions. Members of the Quezon City Police Anti-Carnapping Unit and the National Capital Region Highway Patrol Group were suspended for 90 days last Feb. 29.

Mrs. Arroyo issued Administrative Order 257 where she noted the Napolcom “took a decisive step and showed impartiality in preventively suspending immediately 29 police personnel who were allegedly involved in the recent shootout incident.” She directed the Napolcom “to render its report on the shootout incident within two weeks from receipt of this order.”

The directive was signed on March 9. It was not clear when the Napolcom received the order, which could indicate how much lead time it has to submit its report.

“It was based on the report submitted by the DILG wherein the commission en banc found strong evidence of culpability on the part of the lawmen for grave misconduct and violations of the rules of engagement, the police operational procedures,” Deputy Presidential Spokesperson Lorelei Fajardo told reporters last week when asked whether Mrs. Arroyo believed the incident was a rubout.