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Tuesday, November 18, 2003
Villaruels to charge aviation cops with murder

MANILA--The family of slain Capt. Panfilo Villaruel would be filing murder charges against members of the Aviation Security Group (ASG) of the Philippine National Police after hearing Monday's Senate investigation.

"We'll sue them for murder. We're just waiting for the conclusion of the investigation to get all the evidence for a solid filing of case," lawyer Ed Escueta told reporters.

Escueta, lead counsel of the Villaruel family, said they would collect all the possible evidence to be used in filing the charges. The camp of Villaruel also believes there was overkill in the incident and a violation of human rights.

"We will file charges. We are gathering evidence. (It was) very clear that what they did was a brutal and senseless killing. Even the Human Rights Commission thinks that there was really a violation of human rights," Escueto said.

Wilhelm Soriano, acting chairman of the Commission on Human Rights, said those who ordered the assault against Villaruel and his aide Lt. SG Ricardo Catchillar should be held liable for human rights violations.

Soriano was present during the hearing as an observer.

"The incident at the NAIA (Ninoy Aquino International Airport) control tower mirrors how the government treats and values human life," Soriano said.

He said based on the results of the second hearing, there were no flights coming in and going out at the time of the assault, therefore "there was no life endangered during that time."

"Under international human rights standards, the assault was absolutely not necessary... and besides, under the human rights perspective, you cannot save life by sacrificing life," Soriano added.

Alternate tower

During the inquiry, Anacleto Venturina, Director for Air Traffic Service, said while the control tower was being controlled by the suspects, the alternate control tower located in the Crash Fire and Rescue Building across the NAIA runway was able to divert flights to other airports like the Mactan Cebu International Airport in Cebu and Clark in Pampanga.

Based on reports of the Air Transportation Office (ATO), about 120 domestic flights successfully arrived and left the airport while about 50 international flights ran smoothly while the siege took place.

Rolando Pelayo, ATO shift supervisor, confirmed Venturina and added that the alternate tower across the NAIA runway could accommodate a total of 120 departures and arrivals from international and domestic flights if the main tower remained unusable.

Pelayo said even President Arroyo took off for Cebu at 10 a.m. while the CFR tower was in use on the same day after the siege.

"There was no urgency in the attack in the control tower. To show that there was no danger in the lives of passengers, no less than President Arroyo took off using the alternate tower," said Senate President Franklin Drilon.

Because of this, Drilon pointed out there was no need to enforce excessive force to regain control of the tower.

An autopsy report by the Philippine National Police showed that Villaruel's body bore 12 gunshot wounds, while Catchillar had four.

The officers of the PNP and the Department of Transportation and Communication (DOTC), on the other hand, said the assault was legitimate and necessary because the lives of the passengers were put in danger.

"There was no urgency in the attack in the control tower. From the facts gathered, it was clear that the alternate control tower was in full operation, no less than 120 domestic flights and 50 international departed and landed and, therefore, the control tower at that point was not incapacitated," Drilon said.

Pangilinan said in the next hearing, the committees would dig further into the use of the alternate control tower, which could have prevented the bloody end of Villaruel and Catchillar.

"That is something we have to consider, was it necessary to kill the two because of the alleged danger? If there was an alternative tower, why did the authorities panic and why did it have to end that way?" Pangilinan said.

The two senators said the police should have prolonged the negotiations since the flights were not affected and the passengers were not in danger at all.

Pangilinan, however, refused to conclude whether there was overkill in the operations.

Valid assault

Officials of the PNP's Aviation Security Group (ASG) appearing before the Senate investigation Monday asserted that the assault against Villaruel and Catchillar was valid.

To prevent the detonation of bombs allegedly installed inside the control tower of the NAIA Terminal 2, the assault team fired their guns repeatedly at Villaruel and Catchillar.

Sr. Supt Andres Caro, PNP ASG admitted this during the Senate hearing Monday. He said the seven-man assault team had no other option but to shot Villaruel even if the suspect was already lying on the floor.

According to Caro, he received intelligence reports that Villaruel and Catchillar were holding, not just firearms, but also explosive devices allegedly hidden in cellular phones.

"They (members of assault team) saw the guys holding a gun and a cellphone... Everybody was wary of explosives and someone even shouted that the cellphone was an explosive," Caro testified in the hearing conducted by three Senate committees.

He said the entire room was in total darkness, making it difficult for the policemen to look for Villaruel and his companion to arrest them and search the room for explosives.

Caro also told the senators their two adversaries fired the first shots, which prompted the members of the assault team to fire back, killing the duo.

But Minority Leader Vicente Sotto expressed doubts on the testimony of Caro. During the cross-examination, Sotto asked Caro to explain why the two suspects tested negative of powder burns.

Caro said there are instances powder burns are not found on the bodies of individuals who have just fired their weapons due to factors such as air, wind direction and room temperature.

"Powder burns may not be necessary present in the man who fired a gun," Caro said.

However, Sotto did not accept the explanation of Caro and instead asked the Senate Committee on Justice and Human Rights to subpoena experts from the crime laboratory to explain the absence of powder burns on Villaruel and Catchillar.

The PNP said what Villaruel did was an act of terrorism because he took control of one of the vital installations of the land.

But Villaruel's wife, Ma. Theresa, reacted saying his husband was not a terrorist and the testimonies of the police during the investigation were all lies.

"I think all of those things that they have said against my husband are all lies. They said my husband was a terrorist, we don't think he was a terrorist," Villaruel said.

During the hearing, Caro said what Villaruel did was an act of terrorism because he controlled the control tower of the NAIA Terminal 2, which is one of the vital installations in the country.

Mrs. Villaruel stressed her husband has sacrificed his life because he wanted changes to be effected in the country.

"I think they wanted to silence my husband, I just don't know why. May overkill talaga yun," Villaruel added. (JPM)

(November 18, 2003 issue)
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