Senate panel cites in contempt, orders detention of chief investigator in Jemboy’s case

The Senate public order and dangerous drugs on Tuesday cited in contempt the chief investigator in the death of 17-year-old Jemboy Baltazar for supposedly lying about the order of former Navotas City Police chief Allan Umipig to conduct a paraffin test against the police officers involved in the killing.

During the continuation of the Senate investigation, Senator Raffy Tulfo recalled a conversation with Umipig during Jemboy’s wake, where he was told that the involved cops in the death of the teenager refused to undergo a paraffin test and that the investigator of the case was uncooperative.

This was confirmed by Umipig before the Senate panel and said that he instructed Police Captain Juanito Arabejo, the chief of Navotas City Police Station investigation unit, several times to conduct such test on the cops involved in Jemboy’s killing.

“Tama po, your honor. Ilang beses ko po inutusan ang chief investigation section at ‘yung investigator in case na ipa-paraffin test ang mga suspect. Nadinig po ‘yan ng ibang officers ilang beses po kami nag-case conference, your honor,” Umipig said.

It was earlier revealed that a paraffin test was conducted on Jemboy’s cadaver but not on the police officers who allegedly shot the victim dead.

However, Arabejo claimed that “there was no order to conduct paraffin test on the six suspects.”

According to Police Major Sonny Boy Tepace of the Northern Police District Forensic Unit, a paraffin test on the victim that was found in a crime scene is part of the procedure in crime scene processing.

Tepace said they were not able to conduct the same test on the police officers because they are not under their custody but it is “automatic” for the investigators to conduct paraffin tests on involved individuals who are in possession of firearms.

Northern Police District director Police Brig. Gen. Rizalito Gapas said they urged the investigation unit to explain why there was no paraffin test on the suspects as it is a standard operating procedure.

“According to the explanation of Captain Arabejo, who is the chief investigator, and Sergeant [Aurelito] Galvez…signed by them…because positively identified na ‘yung anim na involved personnel that ‘discharged their firearm,’ the two of them ‘the undersigned have decided not to subject the said suspect to paraffin examination,’” Gapas said.

“Therefore, we can see here, your honor, that not having the paraffin test on the suspect was a clear conscious, deliberate decision on the part of the chief investigator and the IOC,” he added.

Upon the questioning of Senator Ronald “Bato” dela Rosa, Arabejo said they decided not to conduct the test as the suspects already made an admission before them.

“Considering na ‘yung mga suspects po natin ay umamin po in several instances po sa harapan ng aming chief of police and other PCOs, sila po ay umamin,” Arabejo said.

He said their decision was “based on our sound judgment and in good faith considering that the direct testimony of the eyewitnesses is sufficient to establish the guilt of these six suspects.”

But Dela Rosa, a former PNP chief, said scientific evidence would make the case even stronger compared to the case that is based on testimonies.

“Ang testimonial evidence, puwede ‘yang ma-recant ‘di ba? Pwede ‘yan magbago pero ang scientific evidence is the solid, the best evidence that we can provide to the court,” he said.

Still, Arabejo said they still subjected the firearms of the suspects to a ballistic examination.

At this point, Tulfo was irked by the statements and the facial expressions of Arabejo.

“He is stating na sound judgment daw ‘yon base sa mga witnesses na nagsasabing nagpaputok ang mga pulis kaya hindi nag-paraffin test at mismong kinokontra ng chief of police ng Navotas at mismong sinasabi ni Capt. Tepace ng SOCO protocol. So sinong tama sa inyo? Ikaw o si Captain Tepace, or si Colonel Umipig? Silang dalawa versus you. Sinong tama sa inyong tatlo?” Tulfo asked.

In response, Arabejo said, “Ang alam ko po tama ang ginagawa namin, sir.”

After hearing Arabejo’s response, Tulfo mentioned that Arabejo might be cited in contempt

“So mali ‘yung nakalagay sa protocol, sa libro ninyo at ikaw ang tama? Mr. chair, ang sarap din ipa-contempt nito,” the senator said.

In standing by his statement that he ordered Arabejo to conduct the paraffin test, Umipig said there were other officers present when he made the directive.

The panel then called Navotas City Police Station operation officer Police Col. Anthony Mondejar and Police Maj. Edwin Fuertes to corroborate Umipig’s statement.

“’Pag ‘yung dalawa kinorroborate ang statement niya…cite them in contempt para makulong. Ginawa tayong tanga kanina pa,” Tulfo said.

Fuertes and Mondejar, who attended the probe virtually, confirmed that there was an order from Umipig during their emergency case conference on August 3 related to Jemboy’s case.

Both police officers said there was a mention to conduct the standard protocol of conducting paraffin tests on the uniformed personnel involved.

Asked if Arabejo heard the order loud and clear, they answered in the affirmative.

“So, therefore, you are lying Captain Arabejo,” Dela Rosa said.

Arabejo tried to defend himself by citing a text message from Umipig but he was not given a chance to disclose it after Dela Rosa was irked by the former’s facial expression.

“’Wag kang patawa tawa ha. Nagagalit si Senator Tulfo sa’yo para kang— nakaloko ka. Is this a laughing matter? Bakit pa smile smile ka?” he asked.

Arabejo insisted that Umipig’s  claim was not true.

Meanwhile, Galvez said he was not able to hear Umipig’s  order but he told the senators that he suggested to Arabejo to conduct a paraffin test on the suspects on August 3 at around 12 midnight but to no avail.

Senator Risa Hontiveros then moved to cite Arabejo in contempt, a motion which was approved by Dela Rosa.

“On behalf of Senator Tulfo and with the guidance of the chair, I move para i-cite in contempt si Captain Arabejo,” she said.

The Senate committee on public order and dangerous drugs chaired by Dela Rosa is investigating the case of 17-year-old Jemboy who was shot dead by police officers due to alleged mistaken identity.

The next hearing of the Senate committee on public order and dangerous drugs, chaired by Dela Rosa, on the death of Jemboy is set on Wednesday morning.—AOL, GMA Integrated News