Tanauan slays a rubout CHR

MANILA, Philippines – The Commission on Human Rights (CHR) yesterday declared that the killing of three suspected robbers in Tanauan, Batangas in the wee hours of May 22 was “an out and out summary execution,” contradicting claims of the Philippine National Police (PNP) that it was a legitimate encounter between lawmen and criminals.

Recently appointed CHR chairman Leila de Lima cited the initial investigation of the human rights body’s Quick Reaction Team (QRT)
in the region, which
indicated “reasonable certainty” that no shootout between the police and the three alleged robbers occurred.

De Lima urged PNP Director General Avelino Razon Jr. to immediately place under preventive suspension all PNP officers and members involved in the incident in order to give way to an impartial investigation and to make sure that the witnesses would be free from any form of harassment. 

She also asked the PNP chief to provide the CHR with the full list of the PNP officers and members involved in the incident, as well as copies of the police’s after-operations report, including the SOCO report, autopsy report, paraffin test results, ballistic examination results, and a copy of the provincial health officer’s post-mortem report.

De Lima likewise sought the PNP leadership’s full cooperation in the ongoing CHR investigation.  De Lima is poised to send an “official communication” to Razon to articulate the initial recommendations of the CHR, as indicated in the constitutional body’s initial findings.

According to De Lima, the QRT gathered “first-hand accounts” from 10 witnesses in the shooting of former Barangay Pagaspas chairman Vivencio Javier, Angelito Malabanan, and Rolly Lachica, which all disprove the claims of the police regarding what actually transpired last May 22.

De Lima dispatched a QRT to Tanauan town last Friday to conduct investigation into the incident, as families of the fatalities vehemently belied the report of the PNP’s RCBC Task Force that the alleged suspects shot it out with law enforcers.

Elements of the RCBC Task Force were supposedly carrying out surveillance in the area in relation to the conduct of follow-up investigation and operation to resolve the bloody day-time heist at the RCBC branch in Cabuyao, Laguna last May 16, which left eight bank employees, a security guard, and a client’s representative dead, when the purported “encounter” ensued.

“Based on the ocular inspection of the site, the damage in the area and the gun shot wounds sustained by the (fatalities), initial findings of the QRT (is that) there was no shootout,” De Lima told reporters in a press conference.  “There were reasonable circumstances to believe... that there was no shootout, it was a case of a rubout, an out and out summary execution of the three men.”

Although De Lima said that the initial findings would still be re-validated by a “bigger team” she consequently created, she deemed that a possible modification in the findings in the initial report and the final report “is highly unlikely” to happen.

The bigger CHR investigating team would consist of existing members of the QRT, augmented by lawyers, investigators, and a doctor from the CHR national office.  The team would carry out a “more thorough” investigation on the Tanauan incident, including an autopsy of the bodies of the fatalities.

The CHR also aims to work for the protection of the witnesses, who apparently fear for their lives at this point.

Bullet marks vs. PNP claims

CHR-Region 4 Director Cresencia Pedrosa, who led the QRT’s initial investigation, told reporters that bullet marks found in the area debunk the report of the police of a shootout.

Pedrosa explained that bullet marks were found concentrated on areas where the bodies of the fatalities were also discovered, when bullet marks should have been found everywhere on the site if a shootout really occurred. 

She cited the alleged shooting of Javier, which took place inside his house. Pedrosa said only four bullet marks were noted on the windowpane and no other bullet marks were found elsewhere. She said Javier sustained four gun shot wounds and his body was found slumped below the window.

Pedrosa also cited the case of Malabanan, who was killed along with Lachica within the vicinity of a farm, which is around two to three blocks away from the house of Javier and owned by Javier’s brother, who is the current village chief.

Pedrosa said Malabanan’s body was recovered sprawled on the ground near the gate of the farm. She pointed out that the bullet marks were noted only at the bottom of the steel gate and nowhere else on the site.

Pedrosa said Malabanan was shot in the head at pointblank range even when both of his arms were already raised, according to witnesses. Witnesses also told CHR investigators that the armed men shot Malabanan several times even when he was already sprawled on the ground, which could support the bullet marks found on the bottom of the steel gate.

Lachica, on the other hand, was reportedly asleep and was dragged outside the hut inside the farm by armed men, who consequently shot him in the head. Witnesses said Lachica was still wrapped with a blanket when recovered.

“So, if there was really a shootout or encounter, bullet marks should have been everywhere. Especially since dun sa farm, meron yun mataas na concrete wall … But there was not a single bullet mark on the concrete wall,” Pedrosa said.

As for the killing of Pepito Magsino in Barangay 4, also in Tanauan, Batangas last May 21, the CHR said they have yet to establish more tangible information on the matter. 

This, the CHR said, is because the QRT had so far only gathered testimonies that might be deemed as “mere hearsay” at the moment.

Police said Magsino is also part of their surveillance operation in relation to the RCBC branch robbery.

“This is not a case of warrant-less arrest considering the time gap (between the RCBC robbery and the May 21 and 22 incidents),” stressed De Lima, pointing out that there seemed to be a “disturbing element” in the shooting incidents, as there appears to be no basis yet to link the fatalities to the RCBC branch robbery.

The police said they also arrested Louie Austria and Allan Tapia after the alleged shoot-out, along Barangay Pagaspas and seized two armscor 145 pistols from them.

The two were later released for lack of evidence and no charges were filed against them.

Witness immunity

The CHR said it will tap an “under utilized” power to grant immunity to witnesses of cases of human rights violations.

De Lima said the CHR is likely to invoke the “grant of immunity power” to enable them to carry out their task more efficiently, including the conduct of investigations into cases of human rights violations.

She admitted that absence of witnesses usually impedes the resolution of CHR investigations.

“This should address the concern on the lack of witnesses in investigations.  As we all know, witnesses usually fear for their lives. This grant of immunity will be discussed thoroughly,” she said.

She said they would lobby for congressional action regarding proposed measures that would give CHR either prosecutorial power or quasi-judicial functions.

Suspects identified

Meanwhile, Police authorities are now preparing criminal charges against four suspects, including two “men in uniform,” tagged as perpetrators of the RCBC bank massacre on May 16 in Cabuyao, Laguna that left 10 people dead.

Senior Superintendent Aaron Fidel, Task Force RCBC commander, refused to name the suspects because they are still consolidating evidence, including witness’ statement before filing the charges for multiple murder.

“We have identified already four suspects by their true names based on the statement of direct witness who managed to identify them,” Fidel said.

He added that two of the gunmen were seen at the getaway car and another two were seen inside the bank.

Fidel said the police are eyeing the possibility that there was more than one criminal syndicate based in Region 4 involved in the massacre.

A Task Force insider said the task force will soon release the artist’s sketches of the two gunmen based on witness descriptions.

One witness is now in hiding after being advised by her company to go on leave, the insider said.

He added that a walk-in witness surfaced and told authorities information he knew about the crime.  – Ed Amoroso, Jaime Laude