Ombudsman orders homicide raps vs 5 cops in 2005 shooting

MANILA, Philippines - The Office of the Ombudsman ordered yesterday the filing of homicide charges against five policemen for the death of three civilians in an alleged shootout in Ortigas, Pasig City on Nov. 7, 2005.  

The Ombudsman said in a resolution that Senior Inspectors Hansel Marantan and Samson Belmonte; Police Officers 3 Rizalito Ramos Jr. and Lloyd Soria; and PO2 Dexter Bernadas, all of the Philippine National Police – Traffic Management Group’s (PNP-TMG) Task Force Limbas be charged with three counts of homicide before the Pasig City regional trial court.

The Ombudsman said there is probable cause to indict the policemen under Article 249 of the Revised Penal Code for the deaths of Anton Cu-Unjieng, Brian Anthony Dulay and Francis Xavier Manzano.

Records show the victims were in a maroon Nissan Exalta (XDD-828) and were cruising along Garnet street when they were flagged down by the policemen for allegedly committing a traffic violation.

The victims did not stop, and the policemen, led by Marantan, gave chase in a Toyota Revo. The policemen then alighted from their vehicle and opened fire at the Exalta, driven by Dulay.

The police officers said Marantan was informed of a possible carjacking in the area to be perpetrated by the Valle Verde carjacking group, whose members would be using a maroon Nissan Exalta with the same plate number as the victims’.

The policemen also said they were warned the carjackers could be armed and high on drugs.

They also invoked self-defense, saying the victims shot first and hit Belmonte in the leg, prompting them to fire back. Forensic pathologist Raquel Fortun, however, said Belmonte’s wounds “were self-inflicted and probably accidental.”

“He was armed with a handgun that was fired inside the vehicle such that a fired cartridge casing found on the floor… was traced to his weapon,” Fortun said.

The Ombudsman also said the question of self-defense is based on evidence and addressed during a trial, and that the policemen failed to provide evidence to support their claim of self-defense.