MANILA, Philippines — The murder complaint filed against 17 police personnel in connection with the killing of labor leader Manny Asuncion, who died in police operations in 2021 in what was dubbed “Bloody Sunday,” has been dismissed by the Department of Justice (DOJ).
The DOJ junked the complaint filed against Lts. Elbert Santos and Shay Sapitula; Senior M/Sgt. Hector Cardinales; M/Sgt. Ariel de la Cruz; S/Sgt. Joemark Sajul; Cpls. Ernie Ambuyoc, Mark John Defiesta, Arjay Garcia, Caidar Dimacangun, Bryan Sanchez, Ericson Lucido, and Patrolmen Jayson Maala, Juan Plite, Jonathan Tatel, Prince Benjamin Torres, Jaime Turingan and Rey Lopera.
The respondents are members of the Philippine National Police-Criminal Investigation and Detection Group based at Camp Vicente Lim in Calamba, Laguna.
The complaint was filed by Asuncion’s wife Liezel who, according to prosecutors, was not able to identify who shot her husband.
There is no witness and other evidence that “directly incriminated” the police in the killing, the DOJ said.
“This deficiency in the evidence of the complainant is even demonstrated in her sinumpaang salaysay where she was not able to state the names or identities of the respondents despite the fact that she signed the certification of orderly search and receipt of confiscated items,” the DOJ panel said in a resolution released on Tuesday night.
Police claimed Asuncion resisted arrest and opened fire when a search warrant was served at his office in Dasmariñas, Cavite.
The DOJ panel said police presented evidence showing that the implementation of the search warrant was part of a legitimate operation and that Asuncion fought back.
To prove this, the police presented a chemistry report, “which states that both hands of Asuncion contain gunpowder nitrates, meaning the assertions of the respondents that he fired upon them has the indication of truth,” the panel said.
Asuncion, local coordinator of Bayan-Cavite chapter, was among nine activists killed in simultaneous police operations in Batangas, Cavite and Rizal.
Progressive groups slammed the operations, which they described as a “murderous rampage of government forces.”
‘Build better case’
Justice Secretary Jesus Crispin Remulla said Asuncion’s family and his lawyers should build a ”better case” against the police personnel.
“I haven’t seen the case, but everything is based on the evidence... It’s useless to file a case if we can’t prosecute when the evidence falls short,” Remulla told reporters.
Meanwhile, Jerome Adonis, secretary general of Kilusang Mayo Uno, said the burden of building a better case is the task of DOJ prosecutors and not those who testified against the police.
“They should do their jobs if they want stronger evidence and case buildup. The family has made the testimonies. What the DOJ needs to do is do their jobs through AO (Administrative Order) 35,”Adonis added.
The AO created an inter-agency task force to resolve cases of extrajudicial killings, enforced disappearances, torture and other human rights violations.
Charm Maranan of Defend Southern Tagalog raised questions about the police personnel who were named respondents, saying they were not involved in the Bloody Sunday operations.