THE National Bureau of Investigation (NBI) 7 will file complaints today against the police officers allegedly involved in the mauling of 11-year-old Chastity Mirabiles, who later died.
Lawyer Augusto Eric Isidoro, NBI 7 assistant director, said the agency will file a murder complaint against some personnel of Cebu City Police Station 2, using testimony from a child witness.
Chief Insp. Wildemar Tiu, the former head of Police Station 2, will also face charges, he said.
Criminal complaints will be filed before the Office of Cebu City Prosecutor, while the administrative complaints will be lodged before the Office of the Ombudsman.
For his part, Tiu denied any involvement in Chastity’s death.
“I will answer that in the proper forum,” he said in a phone interview.
Tiu also received a grace period to answer one of the two administrative cases filed against him before the Regional Investigation and Detection Management Division (RIDMD) 7.
Cooperated
Isidoro did not say what complaints the NBI will file against Tiu and how many personnel they will name as respondents in the murder case.
He confirmed that Tiu and two police officers went to NBI and aired their side.
“Nag-cooperate na man siya (He cooperated with us),” said Isidoro of Tiu.
The police said there was no rescue operation last April 5 and that they were not around when Chastity was allegedly mauled inside Station 2.
He said the two police officers presented witnesses, but the witnesses failed to corroborate with any physical evidence.
“Alibi ang defense nila (They presented alibis),” said Isidoro. “Between identification and alibi, binibigyan ng weight ang positive identification (positive identification is given weight).”
The autopsy performed by NBI 7 medico-legal officer Dr. Rene Cam showed that Chastity died because of “blunt traumatic injuries” to the chest and abdomen.
Cam also found bruises on her right arm, chest, armpit and abdomen.
Photographs
In earlier reports, NBI 7 said they had let the child witness identify the police who mauled Chastity through photographs. The child was presented with two sets of pictures of Police Station 2 personnel from the National Police Commission and Police Station 2.
Isidoro said the child pointed to the persons who had allegedly hurt Chastity.
The child witness, however, reportedly did not tag Tiu as the person who hurt Chastity.
Tiu was also supposed to submit yesterday his counter-affidavit on allegations that he shaved the heads of at least two street children, both girls, in his former police station last April 16. He was supposed to attend a summary hearing on the case tomorrow.
But Tiu, aided by his lawyer Leelanie Villarino, filed a motion “for extension to file answer” before the Discipline Law and Order Division (DLOD) of Police Regional Office 7 last Friday.
The request to push the deadline back was granted, according to Chief Insp. Jose Gesto, the assigned summary hearing officer on that administrative case.
More time
“He has the right to ask for that, so the deadline was moved to 15 working days from the day he asked for it,” Gesto told Sun.Star Cebu.
Because the deadline for Tiu’s counter-affidavit was moved to July 3, the summary hearing has to be conducted on the next working day or on July 6.
Gesto disclosed that Tiu was summoned to submit his counter-affidavit since June 8. If Tiu can’t submit his counter-affidavit before the deadline, Gesto said this will “aggravate the case.”
In Tiu’s case, Gesto noted that the minimum penalty would be a two-month suspension, while the maximum penalty would be dismissal from service.
“But he still has the right to choose whether or not he will submit his counter-affidavit, and then we can proceed to the summary hearing with or without it,” Gesto said.
The summary hearing, according to him, will be attended by both Tiu and the complainant, the lawyers of both parties, the summary hearing officer and some representatives of RIDMD 7.
Gesto, as officer-in-charge of Waterfront Police Station, said the hearing can be held in his police station as long as all the needed individuals are present.
60 days
In a separate interview, PRO 7 acting directorial staff chief Rey Lyndon Lawas said the summary hearing officer is given a maximum of 60 days to resolve the case.
Although the nature of the two administrative complaints is the same, Lawas said separate hearings have to be conducted because the complainants filed their cases separately.
A third complainant reportedly went to the Investigation and Detection Management Branch of Cebu City Police Office with a similar allegation, but the girl’s parent later drew back from submitting an affidavit.
All the girls were reportedly rescued by a team from Police Station 2, led by Tiu, after they and 11 other children went into jeepneys for caroling.
Since he came back from vacation last June 3, Tiu has volunteered to step down from his post as chief of Police Station 2 while he is under investigation.