Pubdate: Thu, 12 Jan 2006
Source: Daily Tribune, The (Philippines)
Copyright: 2006 The Tribune Publishing Co., Inc.
Contact:  http://www.tribune.net.ph/
Details: http://www.mapinc.org/media/2973
Author: Benjamin B. Pulta
Bookmark: http://www.mapinc.org/topics/Summary+Execution (Summary Execution)
Bookmark: http://www.mapinc.org/topics/Davao+Death+Squad (Davao Death Squad)

CA LETS DAVAO COPS WALK IN SUMMARY KILLINGS CASE

A Court of Appeals (CA) ruling has upheld its earlier decision in
favor of three ranking Davao City police officials earlier suspended
for failing to solve the summary killings of hundreds of people,
including drug suspects and activists in the city.

In a five-page resolution, the appellate court's former Special Third
Division, through Associate Justice Arturo Brion, denied "for lack of
merit" a motion for reconsideration filed by the Office of the
Ombudsman for the Military and other Law Enforcement Offices
(OMB-Moleo).

Last June 30, the OMB-Moleo suspended the police officials in Davao
City for failing to solve the killings since 1998. From Aug. 1, 1998
to June 30, 2004, a total of 247 persons were reported as summarily
executed.

"The (Ombudsman's) motion essentially questions our ruling that grave
abuse of discretion attended the issuance of the preventive suspension
the Ombudsman imposed on the petitioner; we found that the evidence of
guilt cannot be strong because the Ombudsman's determination was based
on an incomplete consideration of the material facts," the CA said in
standing by its earlier ruling.

Two other magistrates, Eliezer de los Santos and Amelita Tolentino,
concurred with the resolution.

"We have seen no new argument from the respondents (Ombudsman) that
would serve as basis for a reversal or modification of our conclusion.
Contrary to what the respondents assert, we do not see any
pre-determination of the merits of the Ombudsman's case against the
petitioners in our decision that focuses solely on the propriety of
the preventive suspension that the Ombudsman imposed."

In June last year, Moleo Deputy Ombudsman Orlando Casimiro endorsed
the order of preventive suspension against Davao City Police Office
chief Supt. Conrado Laza, Chief Insp. Matthew Baccay, Chief Insp.
Filmore Escobal, and Chief Insp. Vicente Danao Jr. to Ombudsman for
Mindanao Antonio Valenzuela following the recommendation of graft
investigation and prosecution officer Luis Aquino.

The law enforcement officials claimed drugs was the motive in 60 of
the 247 deaths. 67 of the deaths took place within the jurisdiction of
Sta. Ana Police Station under Escobal, 52 were in the jurisdiction of
Sta. Ana police precinct under Baccay, and 51 incidents in the
jurisdiction of the Talomo police under Danao. 
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MAP posted-by: Tom