CHR ruled that the Tanauan incident is rubout and not shootout

Miami
August 6, 2006
Story: CHR ruled that the Tanauan incident is rubout and not shootout


The Commission on Human Rights (CHR) ruled, August 6, 2008, that the series of police operations in Tanauan, Batangas last May 21 was rubout and there was no shootout in the death of four individuals, whom the police earlier implicated to the robbery and massacre inside the Rizal Commercial Banking Corp. (RCBC) in Cabuyao, Laguna last May. 16.

In a 21-page resolution, CHR Chairperson Laila de Lima said the CHR composite team found strong indications of a rub-out rather than a shootout in the death of the victims –Pepito Magsino, 39, former barangay captain Vivencio Javier, 55, Carlito Malabanan, 39, and Rolando Lachica.

“The CHR composite team noted that there are strong indications of a rub-out rather than a shootout. The After Operation Reports submitted by the PNP itself presented conflicting information on the supposed shootout with the victims. These differing claims were quashed not only by narrations from witnesses but by other evidence as well,” stated the CHR resolution.

Aside from de Lima, CHR commissioners Cecilia Rachel Quisumbing and Ma. Victoria Cardona signed the CHR resolution dated July 24, 2008 but was released to the media yesterday.

“ First, based on the accounts of eyewitnesses, no shootout could have transpired as Pepito Magsino was alone walking and unarmed during the alleged shoot-out,” the resolution read. “Likewise, the incident could not have happened in Marivic Roque's yard during the drinking spree or towards Sto. Tomas as claimed by the PNP as this fact was negated by the testimonies of witnesses that Pepito Magsino was gunned down while on his way home after he excused himself from his drinking buddies to check on who was looking for him. His body was in fact found a few meters from his house.”

The CHR said the same testimonies contradicted the PNP's claim that he was sighted with a criminal gang prior to the shooting incident.

The commission pointed out that the PNP report, that Magsino was riding on a vehicle from the site/place where he was having a drinking spree allegedly towards the direction of his house when he was chanced upon by operatives, was also contradicted by the accounts of witnesses.

“As narrated by the witnesses, Pepito Magsino was not riding a vehicle prior to the incident nor did he possess any kind of vehicle while he was still alive. An analysis of the distance of the place of the drinking session from the location of his house would give credence to the explanation that it is too impractical to take a vehicle to go back to his house since the distance is approximately 80-100 meters,” the resolution added.

The CHR also said that based on the information gathered from the witnesses, the ownership of the black Honda CRV used by the perpetrators was traced back to the Provincial Director of Batangas. The said vehicle was even reported by the PNP as the getaway vehicle of Magsino's companions.

The despositive portion of the Resolution states that “wherefore, the Commission, noting the above findings of the CHR Composite Team, and finding the need for additional evidence as to the actual number and identities of the PNP personnel involved, to clarify inconsistencies in the submitted PNP documents, and so that all parties are afforded due process, resolves to adopt the above-stated recommendations with modifications.”

The CHR recommended the conduct of a joint public hearing with the House of Representatives, Committee on Human Rights, per CHR’s letter-request to the House of Representatives, Committee on Human Rights, dated 29 May 2008 regarding the conduct of such. The public hearing will be conducted at the CHR Central Office but no definite date has been set.

“On its own but with advice to Congress, to proceed with the conduct of public hearing, giving particular focus on the accountabilities of officers within the provincial and/or regional PNP hierarchy under the Philippine command responsibility,” the CHR said.

The CHR would also request the PNP Chief Gen. Avelino I. Razon, Jr. to seriously consider placing the officers and personnel/operatives involved in the Tanauan incident under preventive suspension or any appropriate relief.

The commission would also subpoena the witnesses for the victims who refused to execute sworn statements for fear of reprisals from the men involved in the incident and to require them to either execute sworn statements or testify under oath in the course of public hearing.

De Lima also said the CHR would refer to the Commission’s Assistance and Visitorial Office (AVO), for evaluation, the matter of possible financial assistance to the surviving kin of Magsino, Malabanan, Lachica and Javier, and for AVO to submit to the Commission en banc appropriate recommendations thereof.

The CHR also recommended to assist the families of the victims in acquiring free legal assistance from appropriate government agencies if it has been determined that there is a need to file appropriate charges against those involved in the Tanauan incidents in the courts.

De Lima said Razon and all concerned officers and personnel/operatives involved in the Tanauan incident will be given copies of the resolution.

The action of the Commission is within its Constitutional mandate, hence, it has the duty to look into whether the law enforcement team involved in the incident observed the principles of human rights vis-à-vis the rule of law, including its own PNP Rules of Engagement applicable to the situation.

“It is worth emphasizing that in the implementation of legitimate operations, the rule of law and human rights must at all times be recognized and upheld. Hence, `summary execution’ has no place in a civilized and democratic society such as ours,” the CHR head said.