DOJ files murder, torture charges vs. cops in Carl Angelo, Kulot slays

The Department of Justice (DOJ) filed criminal cases on Friday against policemen linked to the twin deaths of teenagers Carl Angelo Arnaiz and Reynaldo “Kulot” De Guzman in August last year.

Police Officer 1 Jeffrey Perez and Police Officer 1 Ricky Arquilita were charged with murder before the Caloocan City Regional Trial Court after a panel of prosecutors found probable cause for their indictment.

The two men were also charged with torture and planting of evidence under Section 29 of the Comprehensive Dangerous Drugs Act of 2002 or Republic Act 9165 and Section 38 of Republic Act 10591 or Comprehensive Firearms and Ammunition Regulation Act.

The body of Arnaiz turned up in a morgue on August 28, ten days after he supposedly died along C-3 Road in Caloocan in a supposed shootout with the policemen who allegedly apprehended him for robbing taxi driver Tomas Bagcal.

Bagcal was also named respondent in the complaints filed by the teenagers’ parents, through the Public Attorney’s Office, but the DOJ dismissed them for lack of probable cause.

“[W]e consider all his acts and alleged participation in the crime committed to be involuntary due to uncontrollable fear for his life and that of his family,” the December 18, 2017 resolution stated.

“There is also no overt act on his part that would implicate him in the crime committed against Carl Angelo and Reynaldo. Whatever is his participation was only brought about under the compulsion of fear where his life is at stake  if he would not follow the orders of the police officers,” it added. 

As for the killing of two teenagers, the DOJ leaned on the testimonies of Bagcal and a male witness, Joe Daniel, who claimed to have seen Arnaiz kneeling and handcuffed when he was killed by the two policemen.

Examinations conducted by the PAO forensic laboratory also showed handcuff marks around Arnaiz's wrists and traces of bruising all over his body.

“With his hands immobilized by a handcuff and while kneeling and begging for his life, respondents Perez and Arquilita shot the victim thrice at close range, and as if this was enough, respondent Perez got near the victim and fired two more shots using his gun directed towards the male victim who was already lying down,” the resolution read.

“The two shots fired at the victim while the latter was already prostrate on the ground as a ‘coup de grace,’ so to speak, that was totally unnecessary for the criminal act intended and it undoubtedly inhumanly increased his suffering.” 

While there is no “direct evidence” that points to Perez and Arquilita as the assailants, the DOJ said the surrounding facts and circumstances led to the “logical reference” that the two were “responsible if not the authors” behind the death of De Guzman, whose body was found in a creek in Gapan, Nueva Ecija last September 6. 

The circumstances are Arnaiz and De Guzman were last seen together, the teenagers were last seen to be in the company of Perez and Arquilita, both were apparently taken and found dead far away from their respective homes, and both boys were tortured. 

“When taken together with the fact that eyewitness ‘alias Joe Daniel’ saw that a smaller person, fitting the description of Kulot, was seated beside Carl Angelo inside the police car, as corroborated by the categorical statement of respondent Bagcal that Kulot and Carl Angelo were together inside the same police car, the above circumstances create an unbroken chain that would reasonably lead to the conclusion that Kulot was the same person seen by ‘alias Joe Daniel’ together with Carl Angelo inside the police car,” the DOJ said. 

The prosecutors said the circumstances beg the question of how De Guzman could possibly be found dead in Nueva Ecija when he was already under the custody of the policemen for allegedly committing robbery. 

“To the mind of the panel, the circumstantial evidence present in the death of De Guzman suffices to warrant a finding of probable cause against respondents-police officers Perez and Arquilita for the crime of murder,” the resolution stated.

Arquilita and Perez said Arnaiz died during a legitimate police operation but did not tackle De Guzman's death in their joint counter-affidavit. —NB/RSJ, GMA News