Napolcom sacks traffic cop in Dela Riarte killing

A policeman was ordered dismissed from service for his alleged involvement in the death of motorist John dela Riarte in July last year.

In a seven-page decision, the National Police Commission (Napolcom) said it found PO2 Jonjie Manon-og culpable for grave misconduct and conduct unbecoming of a police officer.

Napolcom vice chairman Rogelio Casurao on Tuesday said the decision, dated September 28, is now executory as it has been signed by majority of Napolcom members.

Those who signed the decision were Casurao, Commissioners Felizardo Serapio Jr., Job Mangente, and Zenonida Brosas.

Meanwhile, the administrative charge of grave misconduct, oppression, and conduct unbecoming of a police officer against deceased PO3 Jeremiah de Villa have been dismissed.

“The commission is constrained to dismiss the administrative charge against him on account of his death,” Napolcom said.

De Villa leapt to his death at the Highway Patrol Group headquarters while under restrictive custody on August 27, 2016.

The complaint against the two police officers were filed by Robert dela Riarte, the victim's brother.

On July 29, around 9 a.m. to 10 a.m. along the southbound lane of EDSA-Estrella in Makati City, the motorcycle driven by the victim rear ended a vehicle and angrily smashed the car with his helmet.

The two police officers, both members of Philippine National Police-Highway Patrol Group, and two other Metropolitan Manila Development Authority personnel, arrested Dela Riarte and forced him inside a police mobile car where he was shot several times by De Villa.

Dela Riarte was brought to the PNP General Hospital in Camp Crame where he was pronounced dead around 11:45 a.m.

The complainant presented to Napolcom a video recording showing that prior to the shooting incident, Dela Riarte was handcuffed with his arms behind his back and repeatedly hit with the butt of a handgun in different parts of his body by De Villa.

He also said that his brother was in possession of P30,000 at the time of the incident but it was not turned over to their family.

De Villa, for his part, told the Napolcom that he shot Dela Riarte because the latter was shouting, struggling, and hitting the front seat of the mobile car and grabbed the firearm of Manon-og.

De Villa was seated on the front of the vehicle while Manon-og was seated at the back with Dela Riarte.

Manon-og corroborated the assertions of De Villa that the victim’s death was caused by the latter’s unlawful aggression and attack against him.

He, however, denied participation in the alleged maltreatment on Dela Riarte.

Napolcom said the prosecution presented substantial evidence against Manon-og and Del Villa. It also did not believe the claim of the two police officers that the victim tried to grab the firearm of Manon-og.

“Their version that an individual, whose hands are handcuffed behind his back, would be able to snatch the firearm of a trained police officer is highly incredulous, doubtful, and questionable. It is contrary to normal human experience,” it said.

It added the handcuffs bore no indication that it was broken by the victim giving him a chance to grab the firearm of a police officer.

“Clearly, it was quite impossible, if not too difficult for the victim to have wrestled control of the gun away from respondent PO2 Jonjie Manon-og considering that his arms were handcuffed behind his back,” it said.

It further said that forensic reports by both the National Bureau of Investigation and Public Attorney’s Office belie the claim of the police officers that only two shots were fired to the victim.

It said the NBI report stated four entrance wounds while PAO’s showed five entrance wounds.

“The entry wounds, whether four or five, reveals an intention to kill and not merely to main or subdue or disable an aggressor. The gunshot wound at the back, in the upper portion of the victim’s right thigh, we well as the frontal attacks speaks for the crime committed by the respondents and disproves an accidental shooting or self defense,” it said.

It added that even if the victim was speaking invectives during the trip to camp Crame “the killing of a human being can never be an appropriate response to a foul and polluted mouth.”

Napolcom, however, said there was no substantial evidence to hold the respondents culpable for grave irregularity in the performance of duty as there was overwhelming evidence that the victim was performing an illegal act at the time of his arrest.

It said there was no proof that the respondents were responsible for the alleged loss of P30,000 allegedly in possession of Dela Riarte at that time of the incident. —KBK, GMA News