BAGUIO CITY – The Department of Justice (DOJ) recommended the dismissal of frustrated murder charges filed by the city prosecutor’s office against four members of the Baguio City Police Office (BCPO) for lack of merit.
In a 3-page resolution signed by Undersecretary Maricar S. Montano, the DOJ found out that the earlier resolution of the city prosecutor’s office indicting four members of the BCPO dated September 30, 2015 was not in order considering that it failed to consider that the injuries sustained by the complainant was a product of a shooting incident that transpired during a buy-bust operation against him and his companions.
Earlier, the city prosecutor’s office recommended the filing of frustrated murder charges against Senior Inspector Norbgert Holman, PO3 Ramil Bonsiw, SPO2 Paulino Lubos, Jr. and PO3 Jose Kimmayong for the alleged gunshot wounds sustained by a certain Norman Nares who was injured during a shooting incident during a buy-bust operation along Asin road on August 9, 2015.
However, the concerned BCPO personnel appealed the decision of the city prosecutor’s office before the justice department, alleging among others that the gunshot wound sustained by Nares was a product of their buy-bust operation against the latter and his companions who were said to be alleged drug dealers in the city.
Undersecretary Montano said the assailed resolution failed to consider that the shooting incident that inflicted injuries to Nares was done during a buy-bust operation conducted against him and his companions after the members of the BCPO City Anti-Illegal Drugs Special Operations Task Group received information that illegal drug transactions of shabu will happen at Allyson Tacay apartment, in Km. 3, Asin Road, Baguio City.
When the police operatives and the anti-narcotics agents reached the place of incident, they saw Nares in the area but when one of the operatives approached him, Nares drew a gun and fired against the law enforcers.
The government operatives then engaged Nares and his companions to a shootout but Nares was able to escape from the buy-bust area while two of his companions were subsequently arrested.
During the hot-pursuit operation to locate the whereabouts of Nares, law enforcers were able to find him unconscious on the ground with several gunshot wounds on the different parts of his body.
Members of the medical team of the BCPO immediately rushed Nares to the Baguio General Hospital and Medical Center (BGHMC) for medical treatment.
Montano cited the joint affidavit of the arresting police officers dated August 10, 2015 and the Inquest Resolution issued by Acting City Prosecutor Conrado Villamor Catral, Jr. indicting Nares and companions for violation of Sections 11 and 12 in relation to Section 26 of Republic Act (RA( 9165 or the Comprehensive Dangerous Drugs Law.
The DOJ official underscored that based on the pieces of evidence submitted by both parties, it shows that Nares was a suspect of a crime and that the injuries he sustained was due to the legitimate operation. By HENT
