Up to De Villa’s camp to move for dismissal of charges over motorcyclist’s killing – PAO 

The Public Attorney's Office (PAO) said Monday it is up to the camp of one of the Highway Patrol Group members tagged in the killing of a motorcycle rider last month to move for the dismissal of charges following the police officer's death over the weekend.

Police Officer 3 Jeremiah De Villa committed suicide last Saturday by jumping from the rooftop of the three-story building of the Police Security and Protection Group inside Camp Crame in Quezon City, a day after showing up at the Department of Justice for the preliminary investigation into the killing of rider John dela Riarte.

A person's criminal liability is extinguished upon his death under Article 89 of the Revised Penal Code, a provision PAO chief Persida Acosta said De Villa's lawyer could invoke to ask the DOJ to dismiss the murder, robbery, and torture complaints against him. 

"It's the call of De Villa's counsel. The death certificate can be submitted by his lawyers," Acosta said in a text message to GMA News Online. 

Acosta, however, clarified the charges against PO2 Jonjie Manon-og would continue with the PAO expected to refute the policemen's claims through an affidavit to be submitted to investigating Assistant State Prosecutor George Yarte Jr. on Tuesday.

De Villa and Manon-og have been accused of killing Dela Riarte while being transported to Camp Crame due to the latter's involvement in a traffic altercation in EDSA-Makati on July 29.

Following the shooting incident, the PNP placed both police officers under restrictive custody to give way for an internal investigation. 

In their defense, the HPG men told the DOJ they were denied due process by PAO when the agency conducted a "unilateral and arbitrary investigation...meant mainly to generate media mileage and trial by publicity."

De Villa said he shot Dela Riarte twice but only to disable the handcuffed rider who allegedly grabbed Manon-og's firearm.

They also denied torturing Dela Riarte and taking away his money worth P33,040, noting there is no evidence that the motorcycle rider was carrying such amount at the time he was arrested and when he boarded the patrol car.  — Virgil Lopez/RSJ, GMA News