DOJ indicts Espenido over bloody Ozamiz raid

The Department of Justice (DOJ) has indicted Chief Insp. Jovie Espenido, Ozamiz City chief of police, over the killing of several robbery suspects in an alleged encounter in June last year.

In a resolution released yesterday, investigating prosecutors found probable cause

to file six counts of homicide against Espenido and two subordinates – Senior Police Officer 4 Renato Martir Jr. and Police Officer 1 Sandra Nayag – after preliminary investigation conducted over a year ago.

“In this case, respondents Espenido, Martir Jr. and Nadayag do not deny that their police operation resulted in the death of herein victims. They admitted killing the said persons,” read the resolution of the panel chaired by Assistant State Prosecutor Loverhette Jeffrey Villordon.

“In their defense, though, they claim that they were just doing their jobs as policemen engaged in hot pursuit operation. In other words, they wish to avail of the justifying circumstance of fulfillment of duty or killing in the lawful exercise of a right or office,” the prosecutors said in their resolution.

“Unfortunately for respondents, their admission of killing the herein victims is, on its own, sufficient to establish probable cause for the crime of homicide,” the DOJ panel stressed.

The panel also cited a Supreme Court ruling that held that claims of lawful performance of duty are “not compelling enough to overcome a finding of probable cause.”

While the DOJ approved the homicide cases against the respondents, the panel dismissed the original charges of murder and arbitrary detention filed by relatives of Francisco Manzano, one of the suspects killed during a reported shootout with the police on June 1, 2017 in Ozamiz City.

The prosecutors cited “lack of probable cause” in the charges and absence of treachery and cruelty as qualifying circumstances needed to establish a case for murder.

They further pointed out that neither complainant nor the witnesses actually saw the killing of the victims. “As such there is no basis to qualify the charge of murder,” the resolution stressed.

The DOJ panel also did not find basis for the arbitrary detention charges filed by complainant Carmelita Manzano, who claimed that she was held for up to six days from June 1 to 7 inside the Ozamiz City Police Station and was only released after she signed an affidavit.

Panel members said Espenido and the other respondents were able to prove that there was ground for the complain- ant’s detention as she was the subject of a case for illegal possession of firearms.

“Complainant Manzano admitted that she was furnished a copy of an affidavit of arrest/ complaint/searcher, dated June 9, 2017 for alleged violation of the Comprehensive Firearms and Ammunition Regulation Act. Clearly, therefore, a case against her was filed; and there was indeed legal ground for her detention,” the DOJ explained.

Meanwhile, the DOJ cleared another respondent, Chief Insp. Glyndo Pujanes, in the criminal charges after it was found that he had no hand in the killing of the victim and only arrived at the scene after the raids took place.

Homicide, unlike murder, is a bailable offense under the Revised Penal Code.

Justice Secretary Menardo Guevarra said Espenido and his co-accused may still file an appeal before the department and seek reversal of the findings of the prosecutors.

In his answer, Espenido insisted that it was a legitimate operation and that the robbery suspects were killed after they shot it out with the policemen.

The police official even received an award from President Duterte for his contribution to the government’s war on drugs as chief of the Ozamiz City Police Station and previously of Albuera, Leyte.

He led policemen in the killing of Ozamiz mayor Reynaldo Parojinog, his wife and 14 others during predawn raids in the mayor’s house last July 30.

The slain mayor’s children, Vice Mayor Nova Princess Parojinog-Echavez and Reynaldo Jr., were arrested during the raids and later indicted on charges of drug possession and illegal possession of firearms.

The Philippine National Police (PNP), through spokesman Chief Supt. Benigno Durana Jr., said it is ready to provide legal assistance to Espenido and the three other officers.

“We will support our people in their legal struggle, especially if it was the result of the performance of their duty,” Durana said. However, it is up to the police official if he will opt for a private lawyer.

“By having a legal counsel, they should have familiarity with and confidence in who will represent them in court,” he said.