THE Department of Justice (DOJ) has ruled that labor leader Emmanuel “Manny” Asuncion was killed during a legitimate police operation after he exchanged gunfire with operatives who took part in the so-called “Bloody Sunday” raids in Calabarzon provinces on March 7, 2021.
Thus, in a 23-page resolution, the DOJ panel of prosecutors led by Senior Assistant State Prosecutor Rodan Parrocha dismissed for lack of probable cause the murder complaint filed under Article 248 of the Revised Penal Code against 17 policemen accused of summarily executing Asuncion.
The DOJ ruled that the evidence and circumstances presented during the preliminary investigation of the case contradicted the claim of complainant Liezel, wife of Asuncion, that the police officers intentionally killed her husband in the guise of a police operation.
“To reiterate, the service of the search warrant was a legitimate operation that turned sour when Emmanuel Asuncion resisted the authorities. Granting arguendo that some or any of the respondents shot Emmanuel Asuncion, however, it would appear that such incident occurred pursuant to the lawful fulfillment of their duty,” the resolution read.
“We lament the demise of Emmanuel Asuncion. However, complainant and the evidence she submitted failed to discharge the obligation to prove the existence of a crime and identify the perpetrators thereof,” it added.
Liezel claimed that on March 7, 2021, around 5:30 a.m. at least 15 police operatives arrived at the Worker’s Assistance Center Satellite Office at Salitran I, Dasmariñas City, Cavite.
She claimed the operatives, who were wearing masks and bonnets, forced their way inside the office and proceeded to their room on the second floor.
The complainant said she and her husband were pulled out of the room and were separated.
While she was being dragged away from her husband towards the ground floor, Liezel said, she saw her husband lying on his stomach on the floor near the stairs.
Shortly after they were separated, Liezel said he heard a gunshot that came from the second floor.
Liezel said the operatives did not respond to her plea to check on her husband.
Thirty-minutes later, Liezel said she saw her husband’s body soaked in blood being pulled out from the second floor.
However, the DOJ panel pointed out that Liezel failed to establish the identities of her husband’s alleged assailants.
“Based on the foregoing circumstances, it is clear that there was no eyewitness to the purported killing of Emmanuel Asuncion. Likewise, there was also nothing that directly incriminates the respondents in killing him,” the resolution stated.
The DOJ said it considered the evidence presented by the complainant against the policemen as mere “circumstantial evidence.”
On the other hand, the DOJ said the respondents were also to present evidence showing the implementation of the search warrants was a legitimate operation and that in the process Asuncion resisted from the police authorities.
The DOJ noted the findings that both hands of Asuncion were positive for gunpowder nitrates, proving the respondents’ assertions that he fired upon the raiding police team.
It can be recalled that last December, the Task Force-Special Investigating Team (SIT) endorsed the conduct of a preliminary investigation for possible filing of murder charges against 17 law enforcers believed to be involved in the killing of Asuncion.
During the “Bloody Sunday” operations, military and police personnel conducted simultaneous operations in the provinces in Calabarzon, particularly Rizal, Batangas and Cavite that resulted in the death of nine activists.