By Ronron
May 22, 2007
Charges of arson resulting to multiple homicide and multiple serious physical injuries were set to be filed Tuesday afternoon against the chief of the Batangas Police Special Operations Group (SOG).
Director Geary Barias, head of the Philippine National Police (PNP) Directorate for Investigation and Detective Management (DIDM), said Insp. Roberto Marinda, relieved Batangas SOG team leader, will be charged based on a positive identification of him by a witness as “among those responsible for the arson.”
Barias said Marinda was presented in a police line-up last Monday along with nine other policemen, including his deputy, SPO2 William Relos, Jr., and was pointed by the police’ witness as “among those present at the site at the time of the crime.”
Asked if Marinda actually took part in setting the Pinagbayanan Elementary School in Taysan town to fire at 3am of May 15, Barias said: “I don’t know.”
Criminal Investigation and Detection Group (CIDG) chief Director Edgardo Doromal refused to respond to the same question, and referred this reporter back to Barias.
Police investigators had earlier said that Marinda also matched with the artist’s sketch of one of the possible suspects.
In an interview with the media last Monday, Marinda denied the allegation and claimed he was some 11 kilometers away from Barangay Pinagbayanan when the school was being burned.
Told about this, Barias said: “They can use that in their defense later on during the trial because we are following due process. Whatever they say in their own version, it’s up to the judge later on to weigh.”
Barias said they believe their witness, who survived the incident, is a credible one, “otherwise, we will not be filing the case.”
“We believe we have a strong case because of the positive identification during the line up and the circumstances surrounding all those things,” Barias said.
He said the police investigators “will just come up with” other corroborating evidence, including those material in nature, as the investigation proceeds.
Barias said Marinda’s deputy, SPO2 William Relos, Jr., will not yet be charged due to lack of direct evidence against him, although initial investigation reveals that he was with Marinda at that time.
Should a direct evidence crop up, Barias said Relos may be included in the case since the case against Marinda also includes several John Does.
Barias said the administrative case against Marinda and Relos for probable grave misconduct is also continuously being investigated.
Barias disclosed that the two were already transported back to Region IV-A Police headquarters in Calamba City, Laguna where they will remain under restrictive custody.
Because of said development, Atty. Romeo Esmero, lawyers for Marinda and Relos, said he is no longer filing his petition before the Quezon City Regional Trial Court for the issuance of a writ of habeas corpus.
Barias said the investigation is ongoing to ascertain the identities of the other suspects, who may include other SOG personnel, policemen from other unit, or civilians, noting that there were a total of five perpetrators in the crime.
On the other hand, Barias said Chief Insp. Elpidio Ramirez, the sacked chief of police of Taysan, and his deputy, Insp. Ruel dela Cruz, will be used as witness against Marinda and the other suspects.
Marinda had earlier complained against dela Cruz for pinning him in the crime, particularly suspecting the SOG personnel’s quick response to the incident and Marinda’s alleged matching with one of the artist’s sketches of the suspects.
Ramirez and dela Cruz are being investigated for possible administrative lapses in securing the school, particularly on its failure to provide personnel at the back where the perpetrators passed through.
Barias said the two were already turned over to Batangas-CIDG for custody.
Barias said the motive investigators are working on remains on the political nature, particularly on the “relationship” between Marinda and losing Taysan mayoralty candidate Hernando Villena.
“There are information that (Marinda and Relos) stayed at the safehouse of Villena. From there, we work on that… But we have to get more evidence so that we can even file a case against some political figures,” Barias said.
He said the admission by Marinda that their roving patrol around Taysan before the fire happened was upon the request by Villena “does not yet establish” a “criminal liability” on the mayoralty candidate.
As to Taysan Mayor-elect Victor Portugal, Jr.’s possible involvement in the crime, as insinuated by Marinda, Barias said their investigation failed to prove that.
“That has already been investigated. I will not deal into that anymore. That could be a defense by Marinda. They can just come up with their angle,” Barias said.
Meanwhile, Barias revealed that one of the six wounded victims already expired on Monday night at the University of Santo Tomas hospital in Manila City.
He identified the third fatality as Guillermo Malaluan. After the burning of the school, the charred bodies of a teacher, who served as an election inspector, and a poll watcher were recovered from the comfort room of the school where they were believed to have sought refuge./DMS
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