The Department of Justice (DOJ) yesterday started its preliminary investigation into the alleged rubout last May 16 of three suspects in the robbery-massacre in a Rizal Commercial Banking Corp. (RCBC) branch in Cabuyao, Laguna by elements of the Task Force RCBC.
However, the 38 accused police officers did not attend the hearing and were only represented by their lawyers, Arturo de Castro and Romy Tagnong, who submitted to the DOJ panel their counter-affidavits.
The panel ordered the two lawyers to present the policemen on Oct. 2 and Oct. 9 for clarificatory questioning on their affidavits.
Lawyer Harry Roque said the accused policemen insisted in their affidavits that there was no rubout and that what happened was a legitimate encounter.
But Roque said the lawmen’s affidavits failed to counter the findings of forensics expert Raquel Fortun of the Philippine General Hospital who said the three victims were shot at close range, “execution style.”
The DOJ’s preliminary investigation stemmed from a complaint for multiple murder filed last Sept. 2 against the 38 policemen by the relatives of the three victims – former barangay captain Vivencio Javier, 55; Angelito Malabanan, 35; and Rolando Lachica, 50.
Roque, a law professor of the University of the Philippines, assisted the victims’ relatives in filing the complaint.
Roque said they used as basis for the complaint the 21-page report of the Commission on Human Rights on the supposed shootout between the victims and the policemen in Barangay Pagaspas, Tanauan City, Batangas last May 22.
Named in the complaint were Task Force RCBC members Superintendents Gilbert Sauro Jr. and Marcellano Villafranca, Senior Inspector Ricardo Dalamcia, Inspector Leovino Ricablanca, SPO3s Segundo Binay and Narciso Amante, SPO2s Rogelio Candelaria and Leo Morcilla, and SPO1s Gaudencio Magsumbol, Angelito Dizon, Antonio Paombong Jr., Roberto Opeña and Lauro Camitan.
Also included in the complaint were PO3s Romeo Panaligan, Adi Madlangbayan, Fernan Hernandez, Renie Malveda, Alexander Kim Sobrepeña, and Richard Pinili, PO2s Roberto Godoy, Edwalberto Villas, Leonardo Aquino, Lyndon Herrera, Jimmy Roncal, Kelvin Bernas, Reynaldo Siringan, Jeffrey Luis Franca, and Gilbert Molino, PO1s Camelo Casalme, Danilo Salvatierra, Michael Rebato, Dexter Caudilla, Bren Sumadsad, Ryan Upao, Victoriano Sanil and Veniority Lago, and Superintendents David Quimio and Jireh Fidel.
The supposed shootout happened six days after robbers struck at the RCBC Cabuyao branch and killed 10 people.
In its report last August, the CHR disputed the shootout and accused members of Task Force RCBC of executing the three victims.
Police, however, belied the CHR finding, saying it was a legitimate shootout.
According to the CHR, the three had no guns when the supposed shootout happened, adding that all bullet marks indicated that they were shot from outside the house where the lawmen were positioned. Police, however, said long and short firearms were recovered at the scene.