MANILA, Philippines - The Department of Justice (DOJ) has approved the indictment of 14 Southern Tagalog police officers who killed two aides of former congressman Plaridel “Del” Abaya in a shootout on election day in Cavite in May last year.
In a 27-page resolution, prosecutors found probable cause to file two counts of murder against the team led by Superintendent Ramil Montilla from Camp Vicente Lim in Calamba City, Laguna for the killing of retired Senior Superintendent Arnulfo Obillos and Navy Petty Officer 2 Juanito Paraiso.
The three-man DOJ panel led by Assistant State Prosecutor Stewart Allan Mariano gave weight to the testimonies of Abaya, Obillos’ son Neil, and Lauro Geronino Jr., who all witnessed the shootout.
“If the victim dies as result of a deliberate act of the malefactors, intent to kill is presumed. There is no question that Obillos and Paraiso were shot by the police officers,” the resolution stated.
“The evidence to prove intent to kill in crimes against persons may consist, inter alia, in the means used by the malefactors, the conduct of the malefactors before, at the time or immediately after the killing of the victim, the circumstances under which the crime was committed and the motives of the accused,” it further stated.
Obillos was Abaya’s senior staffer while Paraiso served as one of his bodyguards.
Apart from Montilla, the DOJ also found probable cause against nine of his men present during the shootout: Chief Inspector Christopher Falculan Olazo, SPO4 Jimmy Combes Narag, SPO2 Ariel Yaya Panganiban, PO3 Domingo Asia Garcia, PO3 Salvador Lopez Cesma, PO2 Bobby Malabanan Zamora, PO2 Renato Yaya Bayot, PO1 Rafael Taruc Rodriguez, and PO2 Alvin David Sinko.
Four others who joined them during the shootout – SPO1 Rodolfo Arboleda of the Bacoor police, and PO3 Ronan Musni, PO2 Bienvenido Rosas, PO2 Richard Fermil of the Philippine National Police-Special Weapons and Tactics – were also found liable for the killing of Obillos and Paraiso.
The DOJ also found ample basis in the complaint for illegal detention filed against the 14 police officers by the victims’ families.
The prosecutors approved the filing of illegal detention charges against all 14 police officers, along with four others: Senior Superintendent Primitivo Tabujara Jr. of the Cavite police; and SPO1 Ricardo Trinidad Poblete, SPO1 Janelito Constante Dinglasan, PO2 Wilfredo Angeles Casalme, who are all Montilla’s men.
The prosecutors, however, junked for lack of basis charges of frustrated murder, incriminatory machinations, robbery, slight physical injuries, and maltreatment of prisoners against the policemen.
The DOJ also dismissed all the counter-charges of robbery with homicide, frustrated homicide, direct assault, election law violation and illegal possession of firearms filed by respondent policemen against Abaya’s camp.
In its complaint against the policemen filed in June last year, Abaya’s camp submitted a medico-legal report of the National Bureau of Investigation (NBI) and the evidence recovered by scene of the crime operatives of the PNP-Region 4-A Crime Laboratory to support its accusations.
They said Obillos and Paraiso tested negative for gunpowder nitrates, proving that they did not fired their guns, contrary to the claim of the respondent policemen.
Based on the NBI medico-legal report, Obillos was shot at close range while Paraiso suffered multiple gunshot wounds in the head and different parts of the body.
Police earlier blamed Abaya’s group for the shootout, saying it was the congressional bet’s men who assaulted the Bacoor police station, prompting them to retaliate.
Abaya sought re-election in the second district of Cavite but lost to Lani Mercado, wife of Sen. Ramon Revilla Jr.