DOJ: Several drug war suspects, including minor, who ‘fired’ at cops negative for gunpowder

Several suspects that were killed in the administration’s drug war after allegedly firing first at police officers were negative for gunpowder nitrates, the Department of Justice (DOJ) said Wednesday.

One such case was that of 17-year-old Nave Perry Alcantara who allegedly fired at police authorities during a buy-bust operation at Tuguegarao City, Cagayan in August 2018.

“IAS (PNP-Internal Affairs Service) noted that at the time of the shooting, the suspect and the police operative who shot the suspect were standing only a meter apart,” the DOJ said in its published review of the 52 drug war cases.

“Considering the relative positions of the two persons at the time of the alleged shooting, IAS expressed doubt with regard to the police operative’s claim of self-defense,” it added.

Alcantara also sustained three gunshot wounds.

Due to this, the PNP-IAS said it appears that excessive force was used by authorities.

The IAS recommended a  60-day suspension for one of the cops and the dismissal of an administrative complaint against the other operatives.

Meanwhile, Benjamin Calisnao was killed during a buy-bust operation in Aparri, Cagayan in August 2017 after allegedly firing at police operatives.

The DOJ said all three cops fired against the victim at the same time, leading him to sustain multiple gunshot wounds.

“IAS refused to give credence to the police operatives’ claim of self-defense. Notably, upon paraffin test, the suspect was found negative for gunpowder nitrates,” it said.

According to the DOJ, Crispin Vedaño was killed in an alleged buy-bust operation in Bansud, Oriental Mindoro in January 2020.

Though no autopsy records were submitted, photographs showed that Vedaño had sustained two gunshot wounds to the back. He also tested negative for gunpowder nitrates.

The DOJ stressed that the police operative did not provide documents showing that it was a legitimate buy-bust operation.

A six-month suspension was recommended for the police operative.

Meanwhile, Dionisio Corpin was killed during a buy-bust operation involving firearms in San Pedro City, Laguna in February 2019. He was negative for gunpowder nitrates.

The DOJ noted that the case does not appear to be related to the drug war.

In a buy-bust operation in Tanza, Cavite in July 2020, Celvin Pernes allegedly drew his arm against a police operative. Paraffin test results, however, showed that he was negative for gunpowder nitrates.

A 60-day suspension was recommended against the police officers.

Citing the PNP-IAS, the DOJ said Richard Santillan and Gessamyn Casing were killed in a spotting operation in Cainta, Rizal in December 2018.

The IAS said the operation was “against persons suspected of being engaged in carnapping, robbery hold-up, gun-for-hire operations, and proliferation of illegal drugs.”

“IAS found no evidence that the suspects posed any real danger to police operatives. Both suspects tested negative for the presence of gunpowder nitrates. The firearms recovered from the crime scene were also found negative for latent prints,” the DOJ said.

The PNP-IAS recommended a 22-day suspension for two cops and a 140-day suspension for the rest.

According to the DOJ, Edgar Iloilo Jr. was killed during a buy-bust operation in Antipolo City in September 2016 after allegedly firing against authorities. He tested negative for gunpowder nitrates.

Though the operation was legitimate, the DOJ said police operatives gave conflicting versions of the events.

Jessica Albaran, meanwhile, was allegedly fired during a buy-bust operation in Trente, Agusan del Sur in November 2016.

However, the DOJ said that the dactyloscopy examination report revealed that Albaran had negative results from latent print, “indicating that she did not hold, much less use, a firearm against the police operatives.”

She also did not appear to have posed an imminent threat to authorities, it added.

The PNP-IAS recommended a one-rank demotion for those involved.

Another case was that of Romeo Castillo Jr. who was shot in a chase after a buy-bust operation in Lucena City, Quezon in June 2019.

“Paraffin test showed that the suspect was found negative for gunpowder nitrates. The inventory likewise did not mention any alleged handgun found in the possession of the suspect,” the DOJ said.

The PNP-IAS recommended the cops involved be dismissed from service.

Positive for gunpowder

Meanwhile, the PNP-IAS recommended the dismissal of an administrative case against one police operative and a 90-day suspension against others for the death of Ernesto Callo in Initao, Misamis Oriental in September 2020.

The suspect tested positive for gunpowder nitrates, according to the DOJ.

However, there was no medical and death certificate found on record.

No autopsy, paraffin, ballistic tests

The DOJ also noted that other cases where the suspects supposedly fired first did not have ballistics, paraffin, or autopsy results on record.

One such case was that of Fred Ifurung in Lal-lo, Cagayan in July 2017.

The agency said Ifurung sustained no less than 15 gunshot wounds, particularly on the head, trunk, and upper and lower extremities.

The PNP-IAS recommended a 31-day suspension against the cops involved.

In other operations, the DOJ observed lapses in connection with the implementation of the search warrant as well as failure to take photographs of the incident prior to turnover to the SOCO team.

In some cases, the DOJ observed that the paraffin test to determine the presence of gunpowder was done on the firearms and not the suspects.

The PNP-IAS recommended the dismissal of eight cops and the suspension and demotion of others.

According to the DOJ, the incidents are set to undergo further investigation and case buildup by the National Bureau of Investigation for the possible filing of criminal charges against erring police officers.

Roque: Duterte is innocent

Presidential spokesperson Harry Roque said Wednesday that the Justice department's release of data on 52 drug war cases proves that President Rodrigo Duterte did not order the killings.

He said the DOJ's move shows that the State is fulfilling its obligation to protect and promote right to life, as well as accord the victims an effective domestic remedy through filing of charges to ensure that those guilty will be prosecuted and punished.

"In 52 cases, there has not been a determination that the President ordered the killing or the President did not do anything to punish those who committed criminal acts," Roque said during Kapihan sa Manila Bay news forum.

"This findings of the DOJ will belie all those claims that the President is responsible [for drug war killings in police operations] due to command responsibility because on the contary, it proves that the Philippines has investigated and prosecuted individuals for extra-legal killings," he added.

Criminal cases, however, are yet to be filed against erring police officers named in 52 cases reviewed by the Justice department.  The police officials covered in the DOJ review were only given demotion or a suspension ranging from 30 days to six months.

Last month, the International Criminal Court (ICC) pre-trial chamber  found reasonable grounds to probe the Duterte administration for alleged crimes against humanity due to systematic killing of citizens in pursuit of a state policy of anti-drug war.

Last October 7, ICC prosecutor Karim Khan also assured the public that the ICC probe on the drug war will seek for truth and hold people accountable.

National Union of People's Lawyers chairperson Neri Colmenares earlier said that reviewing 52 of 7,000 cases of drug war killings that happened in police operations is already a fatal admission on the part of the government that kiling its citizens is a state policy.

President Duterte has earlier said that he will prepare his defense on possible ICC indictment after he steps down from office on June 30, 2022. 

CHR welcomes published review

The Commission on Human Rights (CHR), meanwhile, welcomed the DOJ's published review on 52 drug war cases.

In a statement, CHR spokesperson Jacqueline Ann de Guia said the publication of the DOJ's review may encourage witnesses to come out and participate in the resolution of the cases.

“We hope that the release of the said information may be helpful to the victims’ families in knowing the status of the investigation and, more importantly, encourage witnesses to come out and participate towards the resolution of cases of these deaths,” she said.

The commission reminded the government’s responsibility to protect life and ensure justice for the violations of human rights, citing the “widespread and systematic” human rights violations and persistent impunity in the country, as reported by the UN Human Rights Office in June 2020.

Meanwhile, the CHR underscored that the first step towards making perpetrators accountable is through their genuine and straightforward investigations.

“The CHR remains committed in helping the government improve the human rights situation in the country through the delivery of our Constitutional mandate as the country’s independent National Human Rights Institution,” it said. —with Richa Noriega/AOL, KBK GMA News