CRIMINAL complaints have been filed against two Philippine National Police Highway Patrol Group personnel for allegedly torturing a motorcycle rider in an incident that went viral on social media.
This came after the four-member panel of the Public Attorney’s Office recommended filing charges as a result of its investigation of the July 29 incident that led to the death of John dela Riarte.
PO2 Jonjie Manon-og and PO3 Jeremiah de Villa were charged for violation of Republic Act No. 9745, or the anti-torture law, violation of R.A. No. 7438 or the law on the rights of arrested persons, and murder under Article 248 of the Revised Penal Code.
In its seven-page report, the PAO panel said it was not inclined to believe that Dela Riarte resisted arrest, contrary to the HPG’s claim that the man was being “rude.”
Instead, the video taken by the star witness showed Dela Riarte was punched in the stomach with a gun, slapped on the face and elbowed on the back.
PAO noted that the “seemingly unnecessary force/torture” shown by the video actually prompted it to recommend the filing of the charges for violating RA No. 9745.
The report also cited the findings of PAO Forensic Laboratory Director Erwin P. Erfe, who said that Dela Riarte was shot five times close to the heart, liver and hips—a manner described as “execution style.”
Erfe stressed that Dela Riarte sustained seven gunshot wounds, five of which are entry wounds. Four of the gunshots came from the front, while one came from the back.
It could not be determined just how close he was shot, however, as PAO did not have the victim’s clothes.
“Our conclusion in the report was that the manner of death was intentional killing. Cause of death, multiple gunshot wounds. The three shots were fatal,” Erge said, in a briefing.
The PAO panel also recommended the filing of administrative complaints before the National Police Commission.
PAO Chief Persida Rueda-Acosta stressed that the video did not show dela Riarte resisting arrest.