NCRPO: Possible lapses in EDSA shootout
February 19, 2009 4:45 PM
Posted under Metro
Marlon Ramos, Lira D. Fernandez, Thea Alberto, Abigail Kwok
Phil Daily Inquirer, INQUIRER.net
MANILA, Philippines — (UPDATE 3) Policemen who killed three suspected car thieves in an alleged shootout in Quezon City Tuesday may have violated certain police procedures, National Capital Region Police Office (NCRPO) Director Leopoldo Bataoil acknowledged on Thursday.
But the Quezon City police district (QCPD) dismissed any allegations of a “rubout.”
Chief Superintendent Magtanggol Gatdula, QCPD director, said the police operation that ended in the deaths of the suspects was legitimate and based on intelligence reports gathered by his men.
Muntinlupa Representative Rozzano Rufino Biazon said he is filing a resolution calling for an inquiry into police procedures and rules of engagement to determine if the killing of the suspects was the result of a legitimate shootout or a rubout.
Human rights groups also weighed in, calling on the Philippine National Police (PNP) to review its rules of engagement after television footage showed what appeared to be policemen continuing to shoot at a suspect who was apparently helpless inside an allegedly stolen vehicle.
The NCRPO chief said video footage taken by an ABS-CBN news crew showed that several operatives of the Quezon City Police District (QCPD) were not wearing proper uniform when they engaged the alleged car thieves in a shootout on Tuesday night along EDSA.
“There could be lapses in that operation. Our POP (Police Operational Procedures) states that our men should wear police uniform during operations,” Bataoil said in an interview.
However, he stressed that the video footage was not enough to determine the culpability of QCPD operatives.
Bataoil also clarified that the POP allows the wearing of civilian clothes during intelligence operations.
“We still have to check if our men who were seen in civilian clothes were part of an undercover operation,” he said.
On Tuesday night, patrolling policemen in Mandaluyong City tried to flag down a Honda Civic with license plate AED 115 that had been earlier reported stolen.
When the driver sped off, the Mandaluyong police sought assistance from the Highway Patrol Group, which caught up with the suspects on EDSA corner NIA Road, where the driver of the car got down and fled while his companions fired at the lawmen..
Two of the suspects were killed immediately while a third one was mortally injured and died at the East Avenue Medical Center where he was taken.
“The latest incident involving the PNP [Philippine National Police] once again reinforces the idea that there is something systematically wrong with the country’s police,” Biazon said in a text message.
“This pertains to not only the questionable actions of the policemen on the ground but also the seemingly tolerant actuations of those in the hierarchy. This incident should spark a more in-depth look at the institution’s flaws in personnel, policies and procedures,” Biazon added.
The Commission on Human Rights had earlier created a panel to look into the incident Bataoil said they welcomed the initiative. .
He also said QCPD director Chief Supt. Magtanggol Gatdula has also formed an investigation team to look into allegations of a rubout.
As part of the probe, he said two members of the QCPD anti-carnapping unit have been disarmed and restricted to headquarters.
Gatdula said Senior Superintendent Elmo San Diego will lead the investigation to determine if policemen violated procedure during the operation.
“The PNP [Philippine National Police] and QCPD will never tolerate rub outs or any human rights violations,” Gatdula said.
In an interview at Camp Crame, PNP spokesman Chief Superintendent Nicanor Bartolome said the police should “strictly observe” operational procedures, especially those involving after-encounter operations.
These are to secure the scene of confrontation; check for any other imminent threats or dangers; and provide medical attention to those who need it.
Public Attorney’s Office (PAO) chief Persida Rueda-Acosta said policemen who engage suspects should incapacitate, not kill, them.
But Bartolome said this would depend on the judgment call of the policemen involved.
“They will react based on the danger on the ground,” he said.
He did acknowledge that policemen should first check the capability of the suspects and the threats they pose to authorities and civilians.
But Volunteers against Crime and Corruption (VACC) chairman Dante Jimenez said the PNP urgently needs to review its rules.
“To put a stop to this [alleged rubouts], there should be a real review of existing rules of engagement and to hold liable those who should be [held liable],” Jimenez said, noting that the EDSA incident is not the first where questions about police procedure have been raised.
He cited the December 5 shootout in Paranaque City where several civilians, including a man and his daughter, were killed in the crossfire as policemen shot it out with suspected robbers.
Ruth Cervantes, secretary-general of the human rights group Karapatan (Allilance for the Advancement of People’s Rights) said the incident has created fear about how people can expect to be treated by the police.
“It is worrisome for police to be using excessive force. Any bystander could now be a party to the crime,” said Cervantes. “People can only be afraid of the police.”