The Department of Justice (DOJ) has been asked to overturn a resolution of the panel of prosecutors that dismissed the murder complaints filed against 17 policemen for the deaths of a couple in Nasugbu, Batangas on March 7, 2021.
In a petition for review filed by Rosenda Lemita, mother of Ana Mariz “Chair” Lemita, wife of Ariel Evangelista asked Justice Secretary Jesus Crispin Remulla to reverse the resolution of the DOJ panel of prosecutors and instead recommend the indictment of the 17 policemen implicated in the death of the Evangelista couple who were found dead in their residence after a joint police and military operations in Southern Luzon provinces in search of persons “affiliated with communist groups.”
In its social media post, the National Union of Peoples’ Lawyers (NUPL) confirmed that Rosenda filed the petition last Friday, Aug. 4.
The petition for review came after the DOJ panel of prosecutors resolved last May to dismiss the murder complaints filed against the 17 policemen for the alleged killing of the couple. Rosenda filed her motion for reconsideration.
“A close scrutiny of the Motion for Reconsideration shows nothing that would warrant the reversal of the findings of the panel,” stated the resolution signed by Senior Assistant State Prosecutor Marmari Satin-Vivas, Assistant State Prosecutor Glacy. Tabirara, and Prosecution Attorney Hegel Jasper Balderama.
“The complainant did not sufficiently prove conspiracy, but merely relied on a baseless assumption that the Philippine National Police (PNP) conducted its operations specifically to kill spouses Evangelista,” it said.
The panel noted that the PNP conducted a pre-operation briefing prior the serving of search warrants to the couple on March 7, 2021.
In their defense, the policemen said that during the service of the warrants, the couple started firing at operatives that resulted a gunfight.
“This supports the legitimacy of the police operation to implement the search warrants and not simply a conspiracy to kill spouses Evangelista,” the panel said in its resolution.
It also said that the complaint “failed to establish the person who killed the spouses” and “only made a sweeping accusation against all police officers who participated in the operation.”
“Complainant did not submit any firearms identification report or any document which can identify the ownership of the firearms from where the bullets, which were recovered from the bodies of Ana Mariz and Ariel, came from,” it added.
Cleared of murder complaints were Lt.Col. Joseph Nandu Jr., Lt. Arjay Santos; MSgt. Rafael Roque, MSgt. Mark Tolentino, SSgt. Elvern Cacatian, SSgt. Rodel Sillacay, SSgt. Edgar Brinas, Cpl. Aldrin Gabrillo, Cpl. Allen Lugue, Pat. Julio Bautista, Pat. Ray Boom Boom Dalingay, Pat. Grizzly Paras, Pat. Rogelio Ninolla, Pat. Ruel Tentoso, Pat. Rich John Melniel Tumacder, Pat. Renzo Santos and Pat. Mark Lester Padul.
Following procedural rules, Rosenda filed her petition for review before the Office of the Secretary of Justice.