Raps vs biker killed by HPG cops dropped

MANILA, Philippines - Death extinguished the criminal liability of a motorcyclist accused of damaging a car during a traffic altercation in Makati last July 29.

John Ballen dela Riarte was charged with reckless imprudence resulting in damage to property, malicious mischief and grave threats based on the complaint of motorist Eric Fajardo.

Police Officer 2 Jonjie Manon-og and Police Officer 3 Jeremiah de Villa of the Highway Patrol Group later shot dead Dela Riarte after he allegedly tried to grab the gun of one of them and resisted arrest.

Makati Assistant Prosecutor Larry Cabrero dismissed the charges against Dela Riarte in a one-page order dated Aug. 23 when he found no probable cause after going through the evidence.

“Under Article 89 of the Revised Penal Code, it clearly states, that criminal liability is totally extinguished upon the death of the accused,” read the order.

Cabrero said that during the preliminary investigation of the complaint, Fajardo executed an affidavit of desistance, stating that he is no longer pursuing the case.

Dela Riarte’s brother Robert, also submitted his death certificate and a copy of the police report of the arrest and the shooting, he added.

Dela Riarte’s family believes foul play was behind his death. They filed murder, robbery and torture charges against Manon-og and De Villa before the Department of Justice.