Charges filed vs Tejero official, driver

Murder and frustrated murder complaints were filed yesterday against Tejero, Cebu City councilman and his bodyguard for allegedly conspiring with each other in killing a police officer and trying to kill a police asset.

The Criminal Investigation and Detection Group-7 lodged the complaints against Councilman Jessielou Cadungog and William Macaslang before the Office of the Cebu City Prosecutor.

“We filed murder because there is a qualifying circumstance which is superior strength,” said Chief Inspector Hector Amancia, CIDG-7 acting officer-in-charge.

The murder and frustrated murder complaints were filed a day after the National Bureau of Investigation-7 sued Cadungog and Macaslang for homicide.

Amancia claimed there was a conspiracy in the killing because Cadungog and Macaslang were seen inside the vehicle when the incident transpired, which ran contrary to the earlier statement of the councilman.

Macaslang was driving Cadungog’s Toyota FJ Cruiser last Monday morning to have the car refueled when the former reportedly noticed two men on board a motorcycle tailing the car and subsequently drove right beside the driver’s side.

Macaslang said he kept an eye on the two and his bad feeling heightened when, along T. Padilla Extension, the man riding in pillion pull a gun out.

Anticipating an attack, the bodyguard used the gun Cadungog left in the car and fired first, hitting the backrider.

As it turned out, the man the bodyguard hit was Police Officer 3 Eugene Alcain Calumba, a member of the Drug Enforcement Unit of the Parian Police Station in Cebu City.

Macaslang said he only acted in self-defense.

The driver of the motorcycle was identified as Michael Banua, a police asset. Banua reportedly tried to run but was caught by barangay tanods and bystanders.

PROCEEDING

The counsels of Cadungog and Macaslang have questioned the conduct of an inquest proceeding, claiming that their clients were not arrested in a hot pursuit operation.

In order for a warrantless arrest to be valid, lawyer Renato Galleon, legal counsel of Cadungog, cited a Supreme Court ruling which states that “there must be a large measure of immediacy between the time the offense was committed and the time of the arrest.”

Galleon said Cadungog and Macaslang, who were at the NBI-7 office, were only arrested Tuesday, a day after the incident.

Galleon and lawyer Benjamin Militar, the counsel of Macaslang, raised the matter to inquest Prosecutor Ma. Liza Jorda whether the proceeding falls under an inquest proceeding or regular filing.

But Jorda referred it instead to City Prosecutor Liceria Lofranco-Rabillas.

Galleon said they will file a counter-affidavit to answer the allegations filed against their clients once they will receive a reply from Jorda.

He said a panel of prosecutors might be created for the consolidation of the complaints filed by CIDG-7 and NBI-7.

STRONG CASE

In a separate interview, Chief Superintendent Debold Sinas, Police Regional Office in Central Visayas director, said they are building a strong case against Cadungog and Macaslang.

“We think we have a very strong case. We are able to secure the witness and the testimonies coincide with scientific investigation,” Sinas said at yesterday’s press conference.

Amancia said another witness subscribed to a sworn affidavit that corroborated the testimonies of Banua.

“We have results from the Crime Laboratory, and testimonies of witnesses. Marami tayong evidence, which include paraffin test, which is vital in determining if a police officer was able to shoot, and it turned out and proven by paraffin test na PO3 Calumba never made a single shot. We have attached the results of examinations to the complaints,” he said.

Sinas belied assassination allegations and said Calumba and Banua were doing surveillance in Barangay Tejero.

Based on trajectory results, he said, the two gunshot holes found on the windshield were shot from the inside.

“In a shooter’s point of view, it would be very unlikely for a shooter who planned or staged an ambush that he will be in a disadvantaged position, atong police definitely wala sila sa advantage,” Amancia added.

Calumba, whose remains were brought to Dumaguete City, Negros Oriental yesterday afternoon, will be laid to rest on Sunday.

Calumba will receive full police honors during his burial, while his son will be given a scholarship grant. Calumba’s wife, Rosemarie, might be assigned as a non-uniformed personnel in one of the police offices in Dumaguete.

CHR PROBE

Meanwhile, the Commission on Human Rights in Central Visayas (CHR-7) will look into the failed assassination of Cadungog.

The agency is set to investigate the case to determine whether government forces are responsible for human rights abuses or are causing violence, rather than performing their prime duty to safeguard the public.

“We are looking into this situation - a very serious allegation that an active police was involved in a botched attempt against the life of a former barangay chairman,” said CHR-7 Director Atty. Arvin Odron.

“This case typifies a situation where the CHR can step in and perform its Constitutional mandate in monitoring the government's compliance with universally accepted and recognized human rights standards,” he added.

He said there are speculations that “extrajudicial” killings are allegedly being perpetrated by policemen.

He said the resolution of the case may help clear doubts as to whether or not the government, through police, has a hand in the spate of unresolved killings in Metro Cebu.

“But in the absence of vital witnesses, the information remains speculative,” he said.

OSMEÑA

For the fourth time, Cebu City Mayor Tomas Osmeña postponed his planned trip to Houston, Texas for his supposed hernia operation there.

The mayor said he could not leave the city with all the controversies involving the alleged foiled assassination of his ally, Cadungog.

“I’m suspending my trip. It’s getting too hot here. I don’t want to make it appear that I am just running away. I hate it because it’s my fourth postponement.. Sige nalang it’s for Cebu,” the mayor told reporters.

The mayor is supposed to leave on August 4 for a minor hernia surgery at the M. D. Anderson Cancer Center in Houston.