The Department of Justice (DoJ) has filed two counts of murder charges against 25 policemen at the Parañaque Regional Trial Court (RTC) for the death of a seafarer and his seven-year-old daughter following a bloody shootout between policemen and members of the Waray-Waray Ozamis robbery gang in Parañaque City in 2008.

State Prosecutor II Stewart Allan A. Mariano found probable cause that warranted the indictment of the police officers in connection with the death of Alfonso “Jun” de Vera and his daughter Lia Allan, on Dec. 5, 2008 inside the United Parañaque Subdivision IV, Parañaque City.

Charged were Superintendent Jonathan Calixto, Chief Inspector Hermogenes Cabe, Senior Insp. Abraham Abayari, Insp. Erikson Roranes, Insp. Ludivico Cordova, Police Officers 1 James Yodong, Allan Apil, Efren Angcuan, Lloyd Bulayungan, Nemesio Gano and Sherwin Maybanting, Police Officers 3 Hagar Torres, Jericho Otadoy, Guilbert Lopez, Felix Base, Eugene Papat-Ew, and Policarpio Jose Jr., all belonging to the Philippine National Police-Special Action Force (PNP-SAF).

Also charged were Chief Inspectors Lawrence Cajipe, Joel Mendoza, Gerardo Balatucan, Police Officers 3 Jolito Mamanao Jr., and Fernando Rey Gapuz, Police Officers 2 Eduardo Blanco and Edwin Santos, and PO1 Josil Rey Lucena, all belonging to the PNP-Highway Patrol Group.

No bail was recommended for the accused.

“The crime is murder, two counts, qualified by abuse of superior strength and treachery, for the death of Alfonso S. De Vera and Lia Allana I. De Vera, since complainant failed to adduce sufficient evidence as regards the deaths of the other civilians,” said Mariano in the resolution.

The charges stemmed from the complaint filed by De Vera’s wife Lilian, who accused the policemen of violating the PNP’s rules of engagement that led to the death of her husband and her daughter.

In a 16-page resolution, Mariano cited the testimonies of eyewitnesses who said no shootout occurred as the police officers were in complete control of the area.

Mariano’s resolution was approved by Chief State Prosecutor Claro Arellano and Assistant Chief State Prosecutor Richard Anthony Fadullon.

The DoJ gave credence to the affidavits of eyewitnesses identified as Hilario Dauz Indiana and Ronald Castillo.Indiana testified there was no exchange of gunfire as the policemen were in complete control of the area where the two were killed.

Castillo, on the other hand, corroborated Indiana’s account that the accused strafed the Isuzu Crosswind driven by De Vera, instantly killing his daughter who was seated in front of the vehicle.

He narrated when De Vera alighted from the van to carry her daughter to safety, the policemen followed him and shot him in the head. The DoJ noted that 80 bullets were pumped into De Vera’s vehicle indicating that a number of policemen could have fired at the vehicle of the victims.

“It is without an iota of doubt that respondent-policemen from the SAF were seen by the two witnesses firing at the Crosswind vehicle of the De Veras, that they also shot Jun de Vera, and that there was no exchange of fire,” the resolution stated.

“Thus, for indiscriminately shooting the Crosswind van of the De Veras notwithstanding the fact that there was no direct aggression foisted on them, and without first ascertaining their identities, as consequence of which Lia died, and for shooting an unarmed defenseless and unarmed civilian in the person of Jun De Vera, who merely tried to secure Lia to a safe place, respondents from the SAF and HPG are liable for murder, qualified by the abuse of superior strength,” it added.

The DoJ, however, cleared retired police director general Leopoldo Bataoil, former head of the Directorate for Integrated Police Operations – Northern Luzon; police director general Leocadio SC Santiago Jr., chief of the PNP-Special Action Force (SAF); and P/C Supt. Perfecto Palad, head of the PNP-Highway Patrol Group (HPG), of any criminal liability.