EDITORIAL
During the heady days of the Duterte administration, when word of the new President was considered law, former President Rodrigo “Digong” Duterte advocated the killing of drug suspects, drug pushers and user-pushers, and members of narcotics syndicates. The Philippine National Police (PNP) under then PNP chief General Ronald “Bato” dela Rosa launched and promoted “Operation Tokhang” to ferret out the drug pushers and users from their homes. Later, the concomitant violence and shootouts that are part and parcel of “Operation Tokhang” cause the loss of lives in many Metro Manila areas and the provinces.
The problem of drug use was momentarily solved, or rather, decreased, and the syndicates had to lie low. But soon, the incentives of wealth and power reared their ugly heads again, and drugs were back in the streets.
President Duterte, in his characteristic bombastic remarks, told policemen to kill, kill, kill, and never mind the consequences. He will defend them in court, and even take their place in jail, if it comes to that.
Now, cops who took his word literally and made it a practice to shoot, shoot, shoot, are being tried in various courts. Some of them have been found guilty—but where was Duterte this time? Will he make good his promise to help them and take their places behind bars?
This looks like the promise to get a jetski and travel to the Spratlys, a vow that he aired during the presidential debate when he was campaigning. No such thing happened.
Just this week, the Caloocan Regional Trial Court Branch 121 sentenced Virgilio Cervantes, Arnel De Guzman, Johnston Alacre, and Artemio Saguros from six years to up to 10 years of imprisonment for the killing of Luis Bonifacio and his son, Gabriel Lois in September 2016.
The Caloocan court has found the four police officers guilty of homicide for the killing of a father and son during a drug buy-bust operation in 2016.
In its ruling, the Caloocan Regional Trial Court Branch 121 also ordered the four police officers to pay P100,000 each for actual damages, moral damages, temperate damage, and civil indemnity with an interest of 6 percent per annum from the date of finality of the decision until fully paid.
Murder was the initial charge that the cops were facing, until the Office of the Ombudsman downgraded it to homicide.
In its ruling, the court said it was not convinced by the accused’s defense that the father and son fired shots, which prompted them to fire back.
“It is highly improbable that these victims sustained multiple injuries in the different parts of their body if the accused fired only one shot each to defend and keep themselves safe from the gunshots coming from the upper part of the house,” the court said.
The court said it found the testimony of Luis' widow Mary Ann more credible. She testified that the police officers suddenly entered the house, poked a gun at the occupants, and ordered all except the two victims to go down and leave. Mary Ann also said that she saw the policemen order her husband to kneel while her son pleaded for their lives.
“The totality of the evidence presented would clearly show that the gunshots made by the accused were not intended to just protect the safety of the police officers,” the court said.
“The injuries sustained by the victims, the multiple gunshots on their bodies as well as other fractures and wounds would glaringly show the brutality employed upon them, despite the pleading for mercy of the victims,” it added.
Meanwhile, the court said that the accused could not argue that they acted in self defense or in fulfillment of their duty, even as it established and proved the presence of conspiracy.
“The firing of shots made by all the accused which caused the death of the victims without justifiable cause shows the same criminal intent towards the same criminal design,” the court said.
This latest turn of events in the judiciary proved only the the judicial system in the country is working, contrary to the statements of critics of the Marcos Jr. administration. Many concerned citizens and groups have openly praised this decision of the Caloocan RTC.
For instance, the National Union of People’s Lawyers-National Capital Region (NUPL-NCR), who represented the victims, welcomed the decision.
“Today’s triumph is a comfort to the family of Luis and Gabriel Lois and a sigh of relief for us, the private prosecutors, our clients and friends in Rise Up for Life and for Rights, and others who supported this quest for justice,” it said.
“Luis and Gabriel Lois were but two of 6,252 killed in police operations. The number of those brought to court for killings barely reaches a hundred… and yet, while we readily know who made the blueprint for widespread and systematic murders — they are the ones who remain beyond the reach of investigation or prosecution,” the lawyers said, even as they condemn the “bloody hands of authorities who are behind Oplan Tokhang.”
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