(Eagle News) — The Department of Justice has dismissed murder and arbitrary detention charges against Ozamiz police chief Jovie Espenido and several of his men, but found probable cause for the filing of a homicide complaint against them.
In its resolution penned by Loverhette Jeffrey Villordon, assistant state prosecutor, and approved by acting prosecutor general Richard Fadullon, the DOJ said there was basis for the homicide charges filed by Carmelita Manzano against Espenido, Senior Police Officer 4 Renato Martir Jr., and Police Officer 1 Sandra Louise Nadayag and other John Does for the deaths of Jeffrey Manzano, Romeo Libatan, and four others during what the police argued was a follow-up operation on robbery-hold-up suspects in 2017.
In recommending the filing of six counts of homicide in court, the DOJ dismissed Espenido group’s argument they should be spared from such because the deaths occurred in the performance of their duty.
“Unfortunately for the respondents, their admission of killing the herein victims is, on its own, sufficient to establish probable cause for the crime of homicide,” the DOJ said.
For this, the DOJ cited the Supreme Court, which it said held that “where the accused had admitted that he is the author of the death of the victim and his defense is anchored on a justifying circumstance, it is incumbent upon him to prove such justifying circumstance to the satisfaction of the court.”
In dismissing the murder charges filed against them, the DOJ ruled it found “no evidence on record to establish the ..qualifying circumstances” for the charge.
“It must be noted that neither the complainant nor any of her witnesses actually saw the killing,” the DOJ said.
The DOJ dismissed all criminal charges filed against respondent Chief Insp. Glyndo Pujanes, who, according to the DOJ, “was not part of the operation and only arrived at the scene after the incident had already occurred.”
Espenido led the July 2017 raid that led to the deaths of several individuals including Mayor Reynaldo Parojinog Sr., who was allegedly linked to illegal drugs.
Among those arrested in the raid were Parojinog’s daughter, Vice Mayor Nova Princess.
Espenido also led the raid in the house of self-confessed drug distributor Kerwin Espinosa in Albuera, Leyte in 2016. Moira Encina
