Criminal Law

CA affirms Abra Cops' Liability in Deaths of Suspects in 2012

Date: 09 April 2019; Type: Legal News; Source: Philippine News Agency

MANILA, Apr 9 (PNA) - The Court of Appeals (CA) has affirmed its decision last year finding a former police provincial director of Abra and another policeman guilty of grave misconduct in connection with the deaths of five persons seven years ago in Cagayan.

In a resolution by Associate Justice Ramon Cruz, the CA’s Special Former 12th Division junked the motion for reconsideration filed by Alexander Rafael and Senior Police Officer 3 Marino Manuel, seeking to reverse the CA's Jan. 5, 2018 decision which affirmed the resolution of the Office of the Ombudsman.

The Ombudsman resolution ordered their dismissal from the service after finding them criminally and administratively liable for murder and grave misconduct.

The appellate court rejected the claim of Rafael and Manuel that they acted in self-defense.

“After careful consideration of the motion, we find that the arguments raised therein are not novel and a mere rehash of the issues and arguments presented in their previous pleadings, which we have adequately passed upon in our decision dated Jan. 5, 2018,” the CA ruled.

The appellate court said although one of the victims, Michael Bermudez, had previous criminal records and the members of his group were carrying guns at the time they were killed, “it will not negate the fact that a rubout took place.”

The other victims -- Nomer Biendima, Leonardo Apolinario Jr., Isabelo George Bernal II, and Daniel Villamor -- had never been charged or convicted of any crime prior to the incident.

Rafael earlier claimed that the killing was the result of a legitimate shootout with Bermudez group along the Maharlika Highway in Barangay San Lorenzo, Lal-lo town, Cagayan.

Rafael claimed then that the slain suspects aboard a Toyota Corona had tailed them while they were on their way to his hometown in Cagayan from Ilocos Sur.

His group, he said, was only forced to fire back at the suspects after they refused to stop when they were flagged down.

“Autopsy reports of the bodies of Michael Bermudez, Nomer Biendima, Isabelo George Bernal II, Leonardo Apolinario, Jr., and Daniel Villamor revealed tattooing and shrapnel injuries suggesting that they were shot at close range -- another fact consistent with the theory of rubout instead of shootout,” the CA ruled.

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

SC, DOJ Buildings declared Safe

MANILA, Apr 24 (PNA) - Work resumed at the Supreme Court (SC) and the Department of Justice (DOJ) on Wednesday, after the magnitude 6.1 earthquake that shook parts of Luzon including Metro Manila last Monday.

Read More

INDUSTRY UPDATES

SC asked to allow Poll Watchers to take Photos

MANILA, Apr 24 (PNA) - Various individuals and groups asked the Supreme Court (SC) to lift the ban imposed by the Commission on Elections (Comelec) on digital photo taking by watchers of candidates in the May 13 mid-term polls.

Read More

INDUSTRY UPDATES

Makati Court hears Drug Case vs Ex-NBI Exec

MANILA, Apr 24 (PNA) - A prosecution witness positively identified the former acting regional director of the National Bureau of Investigation (NBI) in Central Mindanao as the owner of a 1,000-square meter lot in Virac, Catanduanes, where a shabu laboratory was uncovered three years ago.

Read More

INDUSTRY UPDATES

Mobile Application on Labour Market Information Launched

PUTRAJAYA, Apr 23 (Bernama) - Information on Malaysia's labour market is now available at the fingertips with the launch of a new mobile application, Labour Market Information Gateway or LMI Gateway today.

Read More

INDUSTRY UPDATES

Former Lawyer Pleads not Guilty to CBT Over Client's House Sale Proceeds

KUALA LUMPUR, Apr 23 (Bernama) - A former lawyer pleaded not guilty at the Sessions Court here today to a charge of criminal breach of trust amounting to RM338,000 which was the proceeds from the sale of a house belonging to his client three years ago.

Read More

INDUSTRY UPDATES

Manila Court orders Arrest of Acierto, Seven Others

MANILA, Apr 23 (PNA) - A Manila court has ordered the arrest of former police official Eduardo Acierto and seven others implicated in the smuggling of shabu shipments inside magnetic lifters last year.

Read More

INDUSTRY UPDATES

SC orders Inspection of Court Houses in Quake-Affected Areas

MANILA, Apr 23 (PNA) - Chief Justice Lucas Bersamin on Tuesday ordered an inspection of all court houses in areas affected by the magnitude 6.1 earthquake that hit Luzon on Monday afternoon.

Read More

INDUSTRY UPDATES

Cybersecurity Challenge should be viewed as an Opportunity - Gobind

CYBERJAYA, Apr 23 (Bernama) - A national innovation ecosystem needs to be developed to transform cybersecurity challenges towards forming new opportunities, ideas and solutions, Communications and Multimedia Minister Gobind Singh Deo said today.

Read More

INDUSTRY UPDATES

Malaysia signs ASEAN Trade in Services Agreement

KUALA LUMPUR, Apr 23 (Bernama) - Malaysia has signed the ASEAN Trade in Services Agreement (ATISA) and the Fourth Protocol to Amend the ASEAN Comprehensive Investment Agreement (ACIA).

Read More

INDUSTRY UPDATES

Former Lawyer charged with Criminal Breach of Trust

SEREMBAN, Apr 23 (Bernama) - A former lawyer pleaded not guilty in the Sessions Court here today to criminal breach of trust involving RM198,592.50, nine years ago.

Read More

INDUSTRY UPDATES

PCC seeks Own Probe on Luzon Power Outages

MANILA, Apr 22 (PNA) - The Philippine Competition Commission (PCC) announced that it will investigate allegations of collusion or abuse of dominance among energy companies that led to the recent series of power outages in Luzon.

Read More

INDUSTRY UPDATES

Right to Freedom of Religion guaranteed under Federal Constitution

KOTA BELUD, Apr 21 (Bernama) - The right to freedom of religion of every Malaysian is guaranteed under the Federal Constitution, said Sabah Rural Development Minister Datuk Ewon Benedick.

Read More

INDUSTRY UPDATES

Sabah and Sarawak High Court Registrar's Office to move to Kota Kinabalu

SANDAKAN, Apr 21 (Bernama) -- Minister in the Prime Minister’s Department Datuk Liew Vui Keong today confirmed that the Office of the Registrar of the Sabah and Sarawak High Court will be relocated from Kuching to Kota Kinabalu.

Read More

INDUSTRY UPDATES

Government awaits Approval from Malay Rulers on New Chief Justice - Mahathir

KUALA LUMPUR, Apri 19 (Bernama) - The government is awaiting approval from the Malay Rulers for the appointment of a new Chief Justice, Prime Minister Tun Dr Mahathir Mohamad said today.

Read More

INDUSTRY UPDATES

Double Pay for Workers on Maundy Thursday, Good Friday

MANILA, Apr 17 (PNA) - Workers who will report to work on April 18 and 19 will receive twice their regular daily wages as both days have been declared regular holidays, the Department of Labor and Employment (DOLE) said Wednesday.

Read More