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Friday, February 18, 2005
Rights office to probe death of rob suspect
CEBU CITY -- The death of robbery suspect Jemar Torres Mansalinog drew contrasting reactions from local officials: a possible P20,000 reward for the policeman who shot him, but also a human rights investigation into the fatal shooting.
Assistant Cebu City Prosecutor Victor Laborte, who is handling the preliminary investigation on the East West bank heist, also intends to pursue the case against Mansalinog, 23.
At Cebu City Hall, Mayor Tomas Osmeña said the policeman who shot and killed Mansalinog will get a P20,000 reward if investigation shows the shooting was done within the bounds of the law.
"We will see first. I'll just review the findings of the usual investigation and granting that everything is in order, we will give P20,000 to the person who shot him," said the mayor.
When he created the hunters' team last December, Osmeña promised to give a P20,000 cash reward to any policeman who "permanently neutralizes" suspected criminals.
If the reward is released, it will be the first time City Hall will give a reward for the killing of a suspected criminal since the hunters' team was created.
'Shoot'
"If it is justifiable within the parameters of the law and the rules of engagement, shoot him. I want criminals to know that I will encourage that kind of action," Osmeña added.
Last Wednesday afternoon, Inspector George Ylanan of the Cebu City Police Office's Vice Control Section (VCS) shot Mansalinog while chasing him. The suspect escaped from his police escorts at the Palace of Justice.
The Commission on Human Rights (CHR) will look into Mansalinog's death following speculations that the suspect was summarily executed by the police.
Criminal Investigation and Intelligence Bureau (CIIB) operatives PO2 Edward Abatayo and Senior Police Officer 2 Mario Gacquing and VCS Chief Ylanan will be among those who will be summoned, said CHR chief investigator Eddie Gurrea.
In a separate interview, CIIB Chief Pablo Labra II denied the incident was a rubout.
Mansalinog, one of the principal suspects in the Jan. 31 robbery of East West bank on Archbishop Reyes Ave., died of multiple gunshot wounds past 3 p.m. Wednesday while trying to escape from pursuing policemen in Busay, Cebu City.
2 escorts
Mansalinog's uncle, suspected robbery gang leader Rey Torres, allegedly staged the rescue attempt as Mansalinog was brought to the Cebu City Prosecutor's Office. That was the day the 10-day waiver he earlier signed expired.
To dissuade the public from thinking he is protecting his men, Labra asked the Regional Intelligence and Investigation Division to find out possible lapses on the part of Mansalinog's police escorts.
Senior Police Officer 2 Gacquing and Police Officer 2 Abatayo were escorting Magsalinog when he allegedly jumped out of the Mitsubishi L200 pick-up as it was about to park and then rode a waiting motorcycle.
Magsalinog's hands were cuffed in front, but police claimed he was able to take them off when he shot it out with Ylanan at a roadblock in Barangay Busay.
Gacquing was reportedly driving while Abatayo stayed beside Magsalinog at the backseat.
Though police have no real proof that it was Torres who staged the rescue attempt, Labra said they talked to witnesses who claimed the other man who ran to the bushes in Busay resembled Torres, based on photos and news footage that came out earlier.
Labra admitted that they failed to catch Torres despite the extensive search in Lower Busay.
'Obligation'
Police also expressed their disappointment with the Perpetual Succour Hospital.
Since Wednesday, police were not allowed near the body unless they paid a P1,300 "obligation."
Medico-legal officer Dr. Alex Uy was not allowed to do an autopsy unless the amount was paid.
Labra said he had to shell out the money from his own pocket, adding they are studying the possibility of taking legal action, such as obstruction of justice, against the hospital.
Labra said it took a while before they could confirm it was Magsalinog whom Ylanan shot in Busay, because they were not allowed to go near the body.
He said they chose to bring Magsalinog to the hospital because it was the nearest one and that they hoped Magsalinog could still be saved.
Despite his death, Mansalinog will not escape from a criminal case the prosecutor's office plans to file against him.
Not over
Assistant City Prosecutor Laborte said the filing of the charge will give East West Bank the legal personality to demand from Mansalinog's heirs the return of the P500,000 taken during the Jan. 31 heist.
"Civil liability is inferred in a criminal case," he said, adding it is not extinguished with the death of the accused.
Laborte penned the resolution and information that City Prosecutor Cezar Tajanlangit is yet to sign.
In his resolution, Laborte ruled that Mansalinog's failure to submit any evidence to controvert the accusations against him "gives rise to the existence of probable cause for the crime charged."
He set bail at P100,000 in the information that he intends to submit to the Regional Trial Court, if the resolution gets approved.
In an affidavit, one Leonardo Gomez claimed to have witnessed the robbery and identified Mansalinog as the driver of one of the getaway motorcycles. (LCR/JST/MEA/KNR)
(February 18, 2005 issue)
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