In a 38-page petition filed by Jennifer Eloise Manzano and Monique Cu-Unjieng La’o through their lawyer Jose Manuel Diokno, the petitioners also asked that a temporary restraining order be issued enjoining the Ombudsman from prosecuting the homicide cases and the Regional Trial Court in Pasig City from further conducting proceedings in connection with the case.
Jennifer is the brother of Francis Xavier Manzano while Monique is the mother of Anton Cu-Unjieng who were killed during an anti-jacking operation on November 7, 2005, conducted by members of the National Police’s Traffic Management Group.
Also killed during the operation was Bryan Anthony Dulay, who like Manzano and Cu-Unjieng belong to an affluent family.
Their families, however, insisted that the three were not killed in a shootout with policemen but were summarily executed based on a video footage taken by the crew of television station, UNTV 37.
They also noted that the subsequent investigation conducted by the Commission on Human Rights also showed that the three were victims of a police rubout.
The petitioners sought the nullification of the January 6, 2009 resolution issued by the Ombudsman clearing the policemen of any administrative liability and downgrading the charges against Insps. Hansel Marantan and Samson Belmonte; Police Officers 3 Rizalito Ramos Jr. and Lloyd Soria and PO2 Dexter Bernadas from murder to homicide.
The petitioners also asked the Court to reinstate as accused in the case Chief Supt. Augusto Angcanan, Insp. Henry Cerdon and POs2 Jesus Fermin, Sonny Robrigado, Fernando Rey Gapuz and Rey Lucena.
Likewise, the petitioners asked the Court to issue a subpoena to the UNTV 37 for the station to produce the video footage of the incident for its review and to set the case of oral argument and allow the showing of the UNTV video during the hearing.
“The UNTV video and the sworn admissions of the TMG men, among others, establish treachery, evident premeditation and abuse of superior strength,” the petitioners pointed out.
The Ombudsman, according to the petitioners, committed grave abuse of discretion downgrading the charges to homicide and exonerating six police officers “when the evidence calls for the filing of murder charges” against all of them.
“The assailed January 6, 2009 resolution... blindly ignored vital physical, forensic and video evidence that formed part of the record of the preliminary investigation. The resolution and order do no mention the number of firearms used by the policemen; the number of bullets they fired and cars and personnel they deployed; and the UNTV video footage, all of which are significant pieces of evidence,” the petitioners noted.
The filing of the information for homicide before the RTC in Pasig was approved by overall Deputy Ombudsman Orlando Casimiro.
