DOJ junks murder complaint vs. 17 cops over deaths of Evangelista couple

The Department of Justice has dismissed the murder complaint against 17 police officers allegedly involved in the killing of spouses Chai and Ariel Evangelista on March 7, 2021 in the so-called Bloody Sunday raids.

In a 25-page resolution, the panel of prosecutors recommended the dismissal of the murder complaint against the police for insufficiency of evidence. Prosecutor General Benedicto Malcontento approved the resolution. 

The resolution was dated December 5, 2022 but was made public on Friday.

The panel cleared respondents Police Lieutenant Colonel Joseph Tan Nandu Jr., Police Lieutenant Arjay Santos, Police Master Sergeant Rafael Roque, Police Master Sergeant Mark Tolentino, Police Staff Sergeant Elvern Cacatian, Police Staff Sergeant Rodel Sillacay, Police Staff Sergeant Edgar Brinas, Police Corporal Aldrin Gabrillo, Police Corporal, Police Corporal Allen Lugue, Patrolman, Julio Bautista, Patrolman Ray Boom Boom Dalingay, Patrolman Grizzly Paras, Patrolman Rogelio Ninolla, Patrolman Ruel Tentoso, Patrolman Rich Tumacder, Patrolman Renzo Santos, and Patrolman Mark Padul.

The couple was among the activists killed on March 7, 2021, when police authorities conducted simultaneous police operations in Calabarzon.

According to the panel, the complainants alleged a conspiracy because the respondents were present, at, or near the place of the incident. It said this is not sufficient to establish conspiracy.

“It would be highly speculative to assume that respondents agreed among themselves to kill spouses Evangelista when there are records which showed that the PNP conducted pre-operation preparations in implementing the search warrants against persons who are armed and dangerous,” it said.

Meanwhile, the panel said that a report from the National Bureau of Investigation showed that bullets recovered from the bodies were from a caliber 5.56 mm firearm.

However, it said that based on a firearms identification report, the cartridges, and bullets recovered from the house were fired from a caliber .45 1911-A1 US Army Government Model Colt pistol and one caliber .45 Government Model Colt pistol.

The panel said these were the pistols recovered in the alleged possession of the spouses inside their home.

“Since there were no 9mm bullets or cartridges recovered from the subject house or within its premises, they could not be held liable for the killing of spouses Evangelista,” the panel said.

“Without any controverting evidence presented by the complainant, the documentary evidence supporting the allegations of respondents stands and is given more weight,” it added.

Meanwhile, the panel noted that the complainant’s witnesses said there was around 50 to 100 uniformed personnel within the premises.

“This shows that there was allegedly more uniformed personnel present at the area but were not, however, charged in the complaint,” it said.

The DOJ in January also dismissed the murder complaint against 17 cops for the killing of labor leader Emmanuel Asuncion.

Motion for reconsideration

The private complainant's lawyers from the National Union of People's Lawyers said their camp would ask the prosecutors to reconsider the dismissal.

"We will definitely file a motion for reconsideration," said Atty. Josa Deinla, secretary general of the NUPL.

NUPL president Atty. Ephraim Cortez called the conclusion of the prosecutors "absurd."

"It is obvious that the investigation was conducted not to seek out the killers, but to absolve those involved in the incident,” Cortez told GMA News Online on Friday.

“This is obvious from the conclusion of the panel of prosecutors who concluded that the testimonies of witnesses, who were present during the incident, including the couple's son, who saw policemen dragging his parents out of their dwelling, are inconsistent with the documentary evidence i.e. the police report, the inventory of alleged seized firearms, the positive result of the paraffin test on Ariel,” he said. —NB, GMA Integrated News