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Marantan, 12 other cops in Atimonan massacre expelled from service
By AMITA O. LEGASPI, GMA News
(Updated 3:15 p.m.) Thirteen policemen, including the wounded mission commander Hansel Marantan, have been ordered dismissed from service in connection with the alleged Atimonan rubout in January last year.
All the respondents were found guilty of serious irregularity in the performance of duty, according to a March 5 decision signed by Philippine National Police chief Director General Alan Purisima.
Twelve people, including environmentalist Jun Lontok, were killed in what the respondents claimed was a legitimate operation against criminal elements but was later ruled by the National Bureau of Investigation (NBI) as a rubout.
Aside from Marantan, who was deputy chief of the Quezon Province regional intelligence division at the time of the incident, the others who were ordered dismissed were:
The 13 manned the second checkpoint where the supposed rubout occurred.
The PNP also ordered the demotion by one rank of others involved in the incident, namely Insp. Ferdinand Aguilar, Insp. Evaristo San Juan (Ret), PO3 Benedict Dimayuga, PO2 Ronnie Serdeña and PO2 Esperdion Corpuz. Two policemen, meanwhile, were ordered suspended for six months, namely PO1 Allen Ayobo and PO1 Bernie de Leon. All of them manned the first and third checkpoints.
The Internal Affairs Service (IAS) Summary Hearing Board has earlier found the 20 respondents guilty as charged in its October 11, 2013 resolution.
Aside from Lontok, killed in the January 6, 2013 incident were Victor Siman, two police officers, and nine others. All were part of a two-vehicle convoy.
Checkpoint police not in uniform
The PNP decision stated that two black Montero sport-utility vehicles used by the victims sustained 219 entry bullet holes. Nine of the passengers were found dead inside the vehicles while two others were found dead along the drainage. Two others were rushed to a hospital but were declared dead on arrival.
The decision stated the establishment of checkpoint was authorized but serious irregularity in the performance of duty was committed by the respondents as the police officers involved were not in uniform and there was no PNP-marked vehicle when the incident happened.
It also stated that PNP personnel, as well as other persons in civilian attire displaying high-powered firearms and actively participating in the checkpoint, “have in the first place no business to be at the checkpoint, much more participate in its conduct, basically because of their appearance.”
The PNP personnel manning the checkpoints were wearing patrol shirts and not the police General Officer's Attire while others were in plain clothes, the PNP said.
The PNP also found the setting up of three “layers” of checkpoints that were 300 to 500 meters away from each other “unusual since the personnel manning each layer could hardly see each other.” He said the “layers” should be considered as individual checkpoints separate and distinct from each other and not as mere layers of a single checkpoint.
He also added that the first checkpoint was set up in Plaridel, Quezon, which was beyond the jurisdiction of the Atimonan police. The first and second checkpoints were also manned by three to four personnel and did not comply with the required seven-man team. There was also no investigation sub-team present at the time of the incident.
It further said that the absence of a marked PNP vehicle in the second checkpoint is a violation of the PNP rule on setting up checkpoints.
“It must be emphasized that in the conduct of the checkpoint, one of the indispensable requirements with regard to equipment for obvious reasons is a marked police patrol vehicle. Certainly, the use of the military truck instead of a police mobile vehicle did not cure the defect,” the decision stated.
The PNP also noted “it could be very well said that the purpose of the checkpoints was to effect the apprehension of a criminal or fugitive from justice,” taking into consideration the manner how the checkpoints were established as well as the employment of heavily armed units both from the PNP and Army personnel.
It further noted that Marantan did not mention in his affidavit the documentary evidence that will prove that the victims were criminals or fugitives.
Military's version of the incident
Lt. Col. Monico Abang of the Philippine Army Special Forces, in a consolidated counter-affidavit, said about 11 a.m., January 6, 2013, he received a call from Balauag requesting for AFP assistance in the conduct of checkpoint operation in Atimonan against a group of fully armed lawless elements coming from Bicol Region. He acceded to the request after seeking clearance and approval from his superiors.
Around 3:20 p.m., Abang heard from a PNP personnel, who was not in uniform, that the two black Montero vehicles traversing the road from Bicol to Manila were spotted and flagged down upon reaching the first checkpoint.
A certain Lt. Rico Tagure was motioning a truck to slow down when he noticed two SUVs with steady headlights on, speeding and overtaking the truck. He tried to flag down the vehicles through hand signals but the vehicles ignored him forcing him to step back at the edge of the road. He then overheard a PNP personnel saying “yan na yan..yan na yan.” He noticed Gollod trying to flag down the vehicles too.
PFC Ricky Borja claimed he assisted Gollod in flagging down the two SUVs but sensing that the vehicles will not comply, he pulled the signage in the middle of the road. Simultaneously Cpl. Rogelio Tejares blocked the road using the military truck.
Tagure then noticed Marantan, Carracedo, and Balauag approach the SUVs. Someone shouted “Baba bintana, Baba bintana.” Tagure saw the first SUV roll down its second window on the right side of the passengers seat, only to roll it up again.
Three gunshots followed allegedly coming from the other side of the road where the two vehicles were. This was followed by another burst of gunfire, which was louder compared to the first three shots, prompting everybody to take cover.
Abang then heard someone yell, “May tama si Marantan, may tama si Marantan.” He saw Marantan grimacing in pain while being carried toward one of the PNP vehicles parked on the side of the highway. Tagure and three other Army members heard someone yell, “ P...I.., fire na, fire na.”
The PNP personnel then returned fire at the direction of the two vehicles. In support of the PNP personnel, the military also returned fire.
Tejares claimed that during the first volley of fire, he managed to jump from the driver's seat of the military truck and sought cover behind the front tire of the truck. When he stood up, he suddenly came almost face to face with an occupant of the SUV aiming his gun at his direction, prompting him to fire his gun.
Moments later, they heard somebody shouted ceasefire. When the police operatives were about to approach the Montero, they heard burst of gunfire coming from the direction of the SUV, which prompted them and the police operatives to return fire.
Abang, Capt. Erwin Macalinao and Lt. Tagure were stunned to hear someone from the PNP shouting “clear, clear,” followed by successive shots fired in the air from the vicinity of the two SUVs.
As Abang looked towards the direction where the shots were coming from, he saw Carracedo near the SUVs with a group of policemen firing the recovered guns from the passengers and then returning them to the place where they were found. Abang repeatedly shouted, “Walang gagalaw sa mga gamit at ebidensiya.”
Police version
According to the PNP's decision, around 3:15 p.m., when the Montero vehicles arrived at the first checkpoint, they made a counterflow and passed-by the long line of stranded vehicles until they were able to pass through.
Moments later, several gunshots were heard, which lasted for a few minutes. It was found out later that the victims' vehicles were not able to pass through the second checkpoint.
The two vehicles were stalled and parked next to each other beside the highway. The victims sustained multiple gunshot wounds. Eleven caliber .45 pistols were recovered from the two vehicles. Two long firearms were recovered at the scene, a caliber 5.56 baby Armalite rifle licensed to Siman and one caliber 7.62 US M14 rifle registered to the PNP, Camp Crame. Both firearms were found negative of gunpowder nitrate.
Aside from the administrative case, police officers involved in the incident are facing multiple murder charges before the Gumaca Regional Trial Court. A soldier and another police officer were also charged with obstruction of justice.
The Mitsubishi Monteros carrying the victims were fired at more than 200 times, according to the NBI in its report. The entrance bullet holes reportedly showed “no indication that any of the passengers of the two vehicles fired shots directed towards the outside.”
The NBI, which investigated the incident, said a turf war between Siman and a certain “Ka Tita” was the most likely motive behind the shooting.
Ka Tita was allegedly closely associated with Marantan, who was described in the report as Ka Tita’s protector.
“Simply put, Vic Siman was also after the head of Supt. Marantan while the latter was also using his authority as a decorated law enforcer to silence the former. From all indications, they were eventually to cross paths with tragic consequences," the NBI said.
“The Atimonan encounter was a well-calculated plan to close the book on Vic Siman under the pretext of Coplan Armado, using government forces and resources. The fault of the other victims was that they were with the wrong company, at the wrong place and at the wrong time,” it added.
Belle Lontok-Evangelista, sister of Jun Lontok, was happy with the decision as she thanked everyone who helped and supported them.
“Praise God. Dismissal sa serbisyo ang naging hatol. Salamat sa iyo sa mga suporta nyo rin sa amin,” she said.
She, however, countered the claim that it was the victims who first fired at the police and military personnel.
“Syempre nagta-try po sila patunayan na binaril lang nila dahil naunang pumutok yung Montero samantalang lumabas na po sa investigation at account ng mga testigo na unang pumutok ang mga pulis at di pumutok ang mga testigo maliban sa mga putok na walang direksyon galing sa mga sugatang pasahero ng Montero,” she said in a text message to GMA News Online.
“Saka sa account po ni Caraceddo na di siya nag-tamper ng ebidensya kasi sumama siya sa paghatid sa sugatang si Marantan, kitang kita naman po sa ebidensiya na kuha ng mga sundalo na hawak n iya yung mga baril ng biktima at ipinuputok niya sa iba't ibang direksyon,” Evangelista added.— KBK/JL/HS, GMA News
All the respondents were found guilty of serious irregularity in the performance of duty, according to a March 5 decision signed by Philippine National Police chief Director General Alan Purisima.
Twelve people, including environmentalist Jun Lontok, were killed in what the respondents claimed was a legitimate operation against criminal elements but was later ruled by the National Bureau of Investigation (NBI) as a rubout.
Aside from Marantan, who was deputy chief of the Quezon Province regional intelligence division at the time of the incident, the others who were ordered dismissed were:
- Supt. Ramon Balauag, chief of the provincial intelligence branch,
- Chief Insp. Grant Gollod, chief of police, Atimonan municipal station
- Senior Insp. John Paulo Carracedo,
- Senior Insp. Timoteo Orig
- SPO3 Joselito De Guzman
- SPO1 Claro Cataquiz, Jr.
- SPO1 Arturo Sarmiento
- PO3 Eduardo Oronan
- PO2 Nelson Indal
- PO2 Al Bhazar Jailani
- PO1 Wryan Sardea
- PO1 Rodel Talento
The 13 manned the second checkpoint where the supposed rubout occurred.
The PNP also ordered the demotion by one rank of others involved in the incident, namely Insp. Ferdinand Aguilar, Insp. Evaristo San Juan (Ret), PO3 Benedict Dimayuga, PO2 Ronnie Serdeña and PO2 Esperdion Corpuz. Two policemen, meanwhile, were ordered suspended for six months, namely PO1 Allen Ayobo and PO1 Bernie de Leon. All of them manned the first and third checkpoints.
The Internal Affairs Service (IAS) Summary Hearing Board has earlier found the 20 respondents guilty as charged in its October 11, 2013 resolution.
Aside from Lontok, killed in the January 6, 2013 incident were Victor Siman, two police officers, and nine others. All were part of a two-vehicle convoy.
Checkpoint police not in uniform
The PNP decision stated that two black Montero sport-utility vehicles used by the victims sustained 219 entry bullet holes. Nine of the passengers were found dead inside the vehicles while two others were found dead along the drainage. Two others were rushed to a hospital but were declared dead on arrival.
The decision stated the establishment of checkpoint was authorized but serious irregularity in the performance of duty was committed by the respondents as the police officers involved were not in uniform and there was no PNP-marked vehicle when the incident happened.
It also stated that PNP personnel, as well as other persons in civilian attire displaying high-powered firearms and actively participating in the checkpoint, “have in the first place no business to be at the checkpoint, much more participate in its conduct, basically because of their appearance.”
The PNP personnel manning the checkpoints were wearing patrol shirts and not the police General Officer's Attire while others were in plain clothes, the PNP said.
The PNP also found the setting up of three “layers” of checkpoints that were 300 to 500 meters away from each other “unusual since the personnel manning each layer could hardly see each other.” He said the “layers” should be considered as individual checkpoints separate and distinct from each other and not as mere layers of a single checkpoint.
He also added that the first checkpoint was set up in Plaridel, Quezon, which was beyond the jurisdiction of the Atimonan police. The first and second checkpoints were also manned by three to four personnel and did not comply with the required seven-man team. There was also no investigation sub-team present at the time of the incident.
It further said that the absence of a marked PNP vehicle in the second checkpoint is a violation of the PNP rule on setting up checkpoints.
“It must be emphasized that in the conduct of the checkpoint, one of the indispensable requirements with regard to equipment for obvious reasons is a marked police patrol vehicle. Certainly, the use of the military truck instead of a police mobile vehicle did not cure the defect,” the decision stated.
The PNP also noted “it could be very well said that the purpose of the checkpoints was to effect the apprehension of a criminal or fugitive from justice,” taking into consideration the manner how the checkpoints were established as well as the employment of heavily armed units both from the PNP and Army personnel.
It further noted that Marantan did not mention in his affidavit the documentary evidence that will prove that the victims were criminals or fugitives.
Military's version of the incident
Lt. Col. Monico Abang of the Philippine Army Special Forces, in a consolidated counter-affidavit, said about 11 a.m., January 6, 2013, he received a call from Balauag requesting for AFP assistance in the conduct of checkpoint operation in Atimonan against a group of fully armed lawless elements coming from Bicol Region. He acceded to the request after seeking clearance and approval from his superiors.
Around 3:20 p.m., Abang heard from a PNP personnel, who was not in uniform, that the two black Montero vehicles traversing the road from Bicol to Manila were spotted and flagged down upon reaching the first checkpoint.
A certain Lt. Rico Tagure was motioning a truck to slow down when he noticed two SUVs with steady headlights on, speeding and overtaking the truck. He tried to flag down the vehicles through hand signals but the vehicles ignored him forcing him to step back at the edge of the road. He then overheard a PNP personnel saying “yan na yan..yan na yan.” He noticed Gollod trying to flag down the vehicles too.
PFC Ricky Borja claimed he assisted Gollod in flagging down the two SUVs but sensing that the vehicles will not comply, he pulled the signage in the middle of the road. Simultaneously Cpl. Rogelio Tejares blocked the road using the military truck.
Tagure then noticed Marantan, Carracedo, and Balauag approach the SUVs. Someone shouted “Baba bintana, Baba bintana.” Tagure saw the first SUV roll down its second window on the right side of the passengers seat, only to roll it up again.
Three gunshots followed allegedly coming from the other side of the road where the two vehicles were. This was followed by another burst of gunfire, which was louder compared to the first three shots, prompting everybody to take cover.
Abang then heard someone yell, “May tama si Marantan, may tama si Marantan.” He saw Marantan grimacing in pain while being carried toward one of the PNP vehicles parked on the side of the highway. Tagure and three other Army members heard someone yell, “ P...I.., fire na, fire na.”
The PNP personnel then returned fire at the direction of the two vehicles. In support of the PNP personnel, the military also returned fire.
Tejares claimed that during the first volley of fire, he managed to jump from the driver's seat of the military truck and sought cover behind the front tire of the truck. When he stood up, he suddenly came almost face to face with an occupant of the SUV aiming his gun at his direction, prompting him to fire his gun.
Moments later, they heard somebody shouted ceasefire. When the police operatives were about to approach the Montero, they heard burst of gunfire coming from the direction of the SUV, which prompted them and the police operatives to return fire.
Abang, Capt. Erwin Macalinao and Lt. Tagure were stunned to hear someone from the PNP shouting “clear, clear,” followed by successive shots fired in the air from the vicinity of the two SUVs.
As Abang looked towards the direction where the shots were coming from, he saw Carracedo near the SUVs with a group of policemen firing the recovered guns from the passengers and then returning them to the place where they were found. Abang repeatedly shouted, “Walang gagalaw sa mga gamit at ebidensiya.”
Police version
According to the PNP's decision, around 3:15 p.m., when the Montero vehicles arrived at the first checkpoint, they made a counterflow and passed-by the long line of stranded vehicles until they were able to pass through.
Moments later, several gunshots were heard, which lasted for a few minutes. It was found out later that the victims' vehicles were not able to pass through the second checkpoint.
The two vehicles were stalled and parked next to each other beside the highway. The victims sustained multiple gunshot wounds. Eleven caliber .45 pistols were recovered from the two vehicles. Two long firearms were recovered at the scene, a caliber 5.56 baby Armalite rifle licensed to Siman and one caliber 7.62 US M14 rifle registered to the PNP, Camp Crame. Both firearms were found negative of gunpowder nitrate.
Aside from the administrative case, police officers involved in the incident are facing multiple murder charges before the Gumaca Regional Trial Court. A soldier and another police officer were also charged with obstruction of justice.
The Mitsubishi Monteros carrying the victims were fired at more than 200 times, according to the NBI in its report. The entrance bullet holes reportedly showed “no indication that any of the passengers of the two vehicles fired shots directed towards the outside.”
The NBI, which investigated the incident, said a turf war between Siman and a certain “Ka Tita” was the most likely motive behind the shooting.
Ka Tita was allegedly closely associated with Marantan, who was described in the report as Ka Tita’s protector.
“Simply put, Vic Siman was also after the head of Supt. Marantan while the latter was also using his authority as a decorated law enforcer to silence the former. From all indications, they were eventually to cross paths with tragic consequences," the NBI said.
“The Atimonan encounter was a well-calculated plan to close the book on Vic Siman under the pretext of Coplan Armado, using government forces and resources. The fault of the other victims was that they were with the wrong company, at the wrong place and at the wrong time,” it added.
Belle Lontok-Evangelista, sister of Jun Lontok, was happy with the decision as she thanked everyone who helped and supported them.
“Praise God. Dismissal sa serbisyo ang naging hatol. Salamat sa iyo sa mga suporta nyo rin sa amin,” she said.
She, however, countered the claim that it was the victims who first fired at the police and military personnel.
“Syempre nagta-try po sila patunayan na binaril lang nila dahil naunang pumutok yung Montero samantalang lumabas na po sa investigation at account ng mga testigo na unang pumutok ang mga pulis at di pumutok ang mga testigo maliban sa mga putok na walang direksyon galing sa mga sugatang pasahero ng Montero,” she said in a text message to GMA News Online.
“Saka sa account po ni Caraceddo na di siya nag-tamper ng ebidensya kasi sumama siya sa paghatid sa sugatang si Marantan, kitang kita naman po sa ebidensiya na kuha ng mga sundalo na hawak n iya yung mga baril ng biktima at ipinuputok niya sa iba't ibang direksyon,” Evangelista added.— KBK/JL/HS, GMA News
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