CHR on Parañaque shootout: Cops showed 'blatant' disregard for human rights

MANILA, Philippines - The Dec. 5, 2008 shootout in Parañaque in which 16 people, including civilians Alfonso de Vera and his seven-year-old daughter Lia Allana, were killed, was fraught with human rights violations, according to the results of a yearlong investigation, the Commission on Human Rights (CHR) released yesterday.

The CHR also recommended the filing of criminal and administrative charges against 24 police officers and ranking officials of the Highway Patrol Group (HPG) of the Philippine National Police (PNP). The law enforcers were on an alleged operation against a group of robbers supposedly belonging to the notorious Waray-Waray and Kuratong Baleleng.

In its 68-page resolution, the CHR declared that “multiple human rights violations” were committed during the Parañaque shootout, including arbitrary killings, deprivation of the victims’ right to be secure in their persons, and failure to respect the right to be presumed innocent.

“After an investigation and public inquiry, the CHR had come to the conclusion that the police operation was not only an unfortunate display of police incompetence that left six innocent civilians dead, but also a show of blatant disregard for standard operating procedures, brazen police brutality and reckless disregard for human life,” said CHR chairperson Leila de Lima.

Recommended to face criminal and administrative charges are Chief Inspectors Joel Mendoza and Lawrence Cajipe; Insp. Gerardo Balatucan; Police Officers 3 Jolito Mamanao Jr. and Fernando Rey Gapuz; POs2 Eduardo Blanco and Edwin Santos; and Police Officers 1 Josil Rey Lucena and Elybeer Cayaban for the arbitrary killing or summary execution of De Vera and his child. The policemen will also be charged with obstruction of justice.

Cayaban, along with Inspector Doroteo Tolentino; Senior Police Officer 1 Jayson Galimba; POs3 Arvin Ramos, Edwin Cuadra, and Jesus Pascual; POs2 Fidel Quirejero and John Idio; and PO1 Wilfredo Reyes were also recommended charged criminally and administratively for the murder of Ronaldo Eusebio.

The CHR also recommended criminal and administrative prosecution against Chief Supt. Perfecto Palad, then HPG head; Supt. James Cristobal; and Chief Supt. Orlando Mabutas for obstruction of justice and dereliction of duty for failing (if not concealing) to produce the firearms of the HPG Team II, used in the killing of the De Veras.

Further, the CHR recommended the filing of administrative charges against Cristobal; Chief Inspectors Michael Saturnino and Francisco Lucena III; Insp. Lito Israel; and SPO4 Dante Borja for gross negligence in the killing of the De Veras, Arnel Macalawan, Jessiery Basmayor, and Bernard Tungcab.

Cops failed to secure area

The CHR findings showed police authorities had failed to cordon off the area and ensure that no civilian could enter the scene of the operation that resulted in the deaths of six people – the De Veras, Eusebio, Macalawan, Basmayor, and Tungcab – at the height of the firefight and during pursuit of the robbers.

The CHR also noted that the death of Tungcab, Macalawan, and Basmayor was a “direct result of the failure of the combined police forces” to establish appropriate perimeter to block the escaping robbers and prevent innocent civilians from entering the scene of operation.

The constitutional body also cited the death of Eusebio, whose motorcycle had been commandeered by one of the robbers. Eusebio, who was driving the motorcycle at the time, was in the line of fire when elements of the HPG Team IV peppered him and the robber with bullets, the CHR said.

It stressed that Eusebio could not have been carrying a firearm during the chase since he had his two hands on the motorcycle handlebars. Yet, the CHR pointed out, Eusebio sustained nine bullet wounds, including one in the armpit, indicating that his arms were up, presumably in surrender, when he was fired upon by authorities.

De Vera shot while holding  dead daughter

The CHR subsequently lamented the death of De Vera and his daughter, who were aboard their Isuzu Crosswind, which were not even identified by authorities as among the vehicles of the criminal elements they were chasing.

It noted the “spray of automatic fire” on the van, with over 80 slugs recovered in it. Citing the findings of its forensic experts as well as testimonies of credible witnesses, the CHR said Lia Allana was instantly killed by a shot to her temple while her father, Alfonso, was killed by two shots at close range — one in his face and the other in his back, both with downward trajectories — indicating he was on his knees.

The CHR said Alfonso was murdered while his dead daughter was in his arms.

The CHR resolution highlighted “a litany of operational violations” that led to the death of De Vera and his daughter.

De Lima said the resolution “completely debunked” the HPG’s “fabricated version of the incident.”

“Police had claimed that it was the gang members who had unleashed the volley of gunfire at the De Veras, although witnesses testified that only police officers were at the corner where the barrage of bullets had been directed at the De Vera’s Crosswind and the two had been killed.”

De Vera’s widow, Lilian, who was present during the release of the CHR resolution yesterday, said she felt “in a way relieved” by the findings and recommendations of the constitutional body.

She said she is still awaiting the outcome of the criminal case she filed with the Department of Justice against members and officials of the Philippine National Police.

“It’s a help to the justice we have been seeking,” Lilian told reporters. “(It only shows that) they are trigger happy, they don’t care who would be hit.”