THE City Prosecutor's Office (CPO) dismissed the frustrated murder charges filed by Police Lieutenant Colonel Michael John Deloso against two fellow policemen whom he accused of having a hand in the attempt on his life last November.
In a resolution issued last June 11, the CPO dismissed Deloso's complaint for lack of evidence.
The resolution was penned by Deputy City Prosecutor Ruby Teleron-Malanog and Senior Assistant City Prosecutor Liezyl Ecol. It was approved by City Prosecutor officer-in-charge Charisse Galarrita-Bitoon.
According to the CPO, Deloso's claims, that despite being riddled with bullets and in a near-death state he was able to recognize his shooters, is "shrouded with doubts."
Deloso filed frustrated murder charges against Police Sergeant Ian Quitoriano and Police Corporal Elmer Arrabi Jr. last December 20.
The resolution pointed out inconsistencies between Deloso's statements and the CCTV footage including eyewitness accounts.
Deloso claims both driver and back rider of the motorcycle were wearing half-face helmets, but CCTV footage showed that the driver was wearing a helmet while his back rider was wearing a jacket and hood or a bull cap.
Meanwhile, the respondents were also able to provide evidence that they were conducting an operation at the time of the ambush.
The CPO said, while it condemns the ambush, it cannot however ignore the weight of the overall evidence presented which is in favor of the innocence of the respondents.
It added that Deloso's evidence, consisting merely of words "is not sufficient to engender a well-founded belief that respondents committed the crime, that they may be guilty thereof and should be held for trial".
"It must be stressed though that we are not dismissing the complaint solely on the basis of the defenses of alibi and denial of the respondents but on the ground that the complainant, with his amount and quality of evidence, failed to sufficiently prove the identity of the assailants," the resolution stated.
"While the nitty-gritty details relative to identification may not be necessary during investigation, doubts, however, as to the identity of the assailants brought about by the discrepancy in what was stated by the complainant and that which was given by third person eyewitness and other independent evidence consisting of still photos, result of the investigation conducted by the police, among others, necessitates that this case be dismissed," the CPO added.
Regional State Prosecutor Merlyn Uy meanwhile said Deloso already filed motion for reconsideration.
"It's still pending resolution," she said.
On November 20, 2018, Deloso was driving his Nissan van when open-fired by the suspects who wore bonnets and masks along Luna Street, this city. Deloso, despite riddled with bullets, survived.
Investigators recovered more than 20 fired cartridges of caliber 45 and 9mm pistols in the crime scene.