THE Department of Justice (DOJ) has recommended the filing of homicide charges against Ozamis City police chief Jovie Espenido and twoothers in connection with the June 2017 police raid in the city that left six alleged members of the “Martilyo” robbery syndicate dead.
Aside from Espenido, the DOJ also found probable cause to indict SPO4 Renato Martir Jr. and PO1 Sandra Nayag for the incident.
The case stemmed from the complaint filed by Carmelita Manzano, wife of Francasio Manzano, one of those killed in the police operation.
Also killed were Manzano’s son Jerry, son-in-law Victorino Mira Jr, nephew Lito Manisan, nephew-in-law Romeo Libaton and Alvin Lapeña.
The DOJ did not give credence to the policemen’s claim that the group was killed in a legitimate police operation.
Assistant State Prosecutor Loverhette Jeffrey Villordon, head of the prosecution panel, said the admission by the accused that they killed the victims was enough to warrant the filing of homicide charges.
The panel also cited a Supreme Court ruling that held that claims of lawful performance of duty are “not compelling enough to overcome a finding of probable cause.”
DOJ said the cops cannot be held liable for murder since the circumstances that would qualify the crime as such are not present. These are treachery; consideration of a price, reward or promise; use of means involving great waste and ruin; done on the occasion of a public calamity; evident premeditation; or cruelty.
The DOJ also cleared the police officers of arbitrary detention since the accused were able to prove that there was basis for the complainant’s detention as she was the subject of a case for illegal possession of firearms.
The complainant claimed she was held from June 1 to June 7 inside the Ozamis City Police Station and was only released after she signed an affidavit.
Espenido also led the July 2017 police raid that resulted in the killing of Ozamis City Mayor Reynaldo Parojinog and 14 others inside the mayor’s residence.
Arrested in that raid were Parojinog’s daughter, Ozamis City Vice Mayor Nova Princess Parojinog-Echavez and the mayor’s son and namesake,Reynaldo Jr.
Espenido also led the operation that led to the arrest of Albuera, Leyte Mayor Rolando Espinosa who was later killed inside a detention facility in Baybay, Leyte for allegedly resisting a team of policemen out to serve a search warrant in his cell.