The Department of Justice has subpoenaed to a preliminary investigation hearing the 23 police officers implicated in the killing of the aide of former Biliran Rep. Glenn Chong and a female companion.
Senior Assistant State Prosecutor Alexander Suarez, assigned to handle the case, confirmed on Monday that “subpoenas have been issued to the respondents.”
Suarez said the respondents had been ordered to appear at the start of the preliminary investigation this Thursday and submit counter-affidavits in response to the murder complaint filed against them.
“Those who failed to file counter-affidavits will be given another chance,” he admitted.
Last May 17, the National Bureau of Investigation filed before the DOJ criminal complaints concerning the December killing of Santillan and his female companion Gessamyn Casing in Barangay San Andres in Cainta, Rizal.
In its complaint, the NBI named as respondents for obstruction of justice Calabarzon police regional director Brig. Gen. Edward Carranza; Rizal provincial director Col. Lou Evangelista; and Cainta police chief Lt. Col. Pablito Naganag.
While two counts of murder and one count of planting of evidence were filed against seven officers from Cainta police station led by Lt. Sandro Ortega, four officers from the provincial office of the Philippine National Police Highway Patrol Group led by Capt. John Russel Barnacha and 10 operatives of Regional Special Operations Unit led by M/Sgt. Rene Eufracio.
Following the investigation and forensic examination, the NBI concluded that the incident was a rubout and not a shootout as claimed by the police officers.
“The concerted acts of the above police officers, before, during and after the death of [Santillan and Casing], indubitably show causal relation, thus pointing to a joint purpose, a unity of action and a community of interest—to kill Santillan and Casing,” the complaint stated.
The NBI stressed that “Santillan and Casing were continuously fired upon by surrounding heavily armed police officers resulting in multiple gunshot wounds to the different parts of their bodies, which caused their deaths.”
“Needless to say, Santillan and Casing were like sitting ducks overwhelmingly vulnerable to attack and clearly unable to protect their lives,” the complaint stated.
Earlier, Carranza and his men had claimed that the incident last December was part of their legitimate police operations against the so-called “Highway Boys” involved in drug trade, carnapping, robbery and killings in Floodway in Cainta.
They claimed that the police operatives spotted the unregistered Toyota Fortuner that was supposedly being used by the syndicate in its operations, which at that time was being driven by Santillan.
They alleged they tried to flag down the vehicle but Santillan sped off resulting in a chase. When Santillan fired at the operatives, police said they were forced to retaliate.
But the stressed that witnesses testified that they “did not see the occupants of the vehicle fired (sic) any shot towards the police officers because the windows of the SUV were closed the entire time.”
Also, the witnesses testified that a female voice was heard from the vehicle shouting: “Hindi po ako, wala akong alam (Not me, I know nothing).”
The NBI also pointed out “the examination conducted on the clothes and the hands of the victims rendered negative results as to the presence of gunpowder nitrates.”