DIDM Family Conference

DETECTIVEThe9April - June 2012Volume 1Issue No. 2the alleged encounter) was properlyprocessed by the SOCO personnel. Asketch was made and photographswere also taken. The recoveredempty shells for M16, M14 caliber .45pistol (a total of 87 empty shells) atthe alleged encounter site weres u b j e c t e d t o b a l l i s t i ce x a m i n a t i o n / c r o s s - m a t c h i n gthrough IBIS with the firearmsndsurrendered by the 42 IB, PA to theCIDG only on March 8, 2011 (11 daysafter the alleged encounter) toinclude the caliber.45 pistolallegedly recovered from Rodel.Findings/Analysis of SITGESTRELLADOAfter careful and meticulousevaluation of the pieces of evidencea n d o t h e r c i r c u m s t a n c e ss u r r o u n d i n g t h e c a s e , S I T GESTRELLADO came out with aconclusion that the military hassomething to do with the abductionand subsequent killing of RodelEstrellado based on the following:1. Rodel cannot be intwo (2) places at the same time. Itis impossible for Rodel to beexchanging fire with the soldiers atabout 6:30 AM of February 25, 2011in Brgy. Buluang, Bato, CamarinesSur where in fact he was still inMalilipot, Albay at that time and wasonly abducted at about 8:00 AM of thesame day;2. Rodel was still aliveeven after he was reportedlykilled in the alleged encounter.According to the Rural Health Unit ofthe Municipality of Bato, CamarinesSur who conducted the NecropsyExamination (NE), Rodel was onlydead for three (3) hours which meansthat he was still alive until 10:00 AMto 11:00 AM of February 25, 2011.This was corroborated by PNPpersonnel of Bato MPS who helpedthe PA members in carrying thelifeless body of Rodel from themilitary vehicle going to BatoMunicipal Health Office minutesbefore the NE, they observedflexibility on the cadaver's arms, legsand neck which means that RigorMortis, which is usually observableafter six (6) hours, has not yet kickedin;3. No fire fight ensued.According to two (2) witness whoreside in Brgy. Buluang, Bato,Camarines Sur, there was no armedencounter on February 25, 2011 intheir area. Instead, at about 10:00AM of the same day, they heard gunfires emanating from the top of the hilland when checked, they saw 7-8 menclad in military uniforms firing theirrifles in the air. The volley of firesallegedly lasted for only three (3)minutes and thereafter the soldierscasually went down the hill. They alsoemphasized that the soldiers were theonly persons at that time present ontop of the hill. Later, they learned thata corpse was brought down by thesoldiers;4. No firefight happenedbased on scientific findings.Result of the cross-matching of thesurrendered firearms by members ofndthe 42 IB, PA with the recoveredempty shells from the allegedencounter site has four (4) disturbingfacts among others, that wouldsuggest that indeed there was nofirefight. Although it is not conclusiveto determine if he indeed fired afirearm, it cannot be denied thatRodel was negative for presence ofgunpowder nitrates;5. R o d e l ' s w o u n d s .Rodel sustained three (3) gunshotwounds at the back, abrasions onsome parts of the body and contusionon the abdomen. Injuries that isunusual from someone who died in afirefight;6. Trying to prove thatthere was an encounter. On March2, 2011, barangay officials of Brgy.Buluang appeared before the BatoMPS and reported that on February27, 2011, at about 10:00 AM, four (4)male persons who introducedndthemselves as members of the 42 IB,PA asked them to sign a certificationstating that an armed encounterhappened on February 25, 2011, atabout 6:30 AM. Accordingly, the otherbarangay officials were compelled tosign the same despite protest that thegun fires were actually heard at about10:00 AM of the same date. Some ofthem also claimed that they weredenied the opportunity to examine thefull contents of certification;7. Delay in the turn-overof evidence. Despite numerousrequests, it was only on March 8, 2011ndthe 42 IB, PA submitted to the PNP-CIDG the caliber .45 allegedlyrecovered from Rodel and the riflesand the light machine gun of theinvolved personnel which had been intheir possession since February 25,2011; and,8. C o i n c i d e n c e ? O nFebruary 24, 2011 or a day prior to theabduction/killing, personnel of MICObased at Camp Simeon Ola, LegazpiCity personally coordinated with theMalilipot MPS that an operation withthe Southern Command (SOCOM)will be conducted in their area.Further, according to a witness whoresides near the abduction site said, aday before the abduction, she noticeda red Toyota Innova with plateno.ZEU 172 with five (5) malesonboard which stayed long near herresidence/abduction site. Accordingto the responding PNP personnel,although they approached thesuspicious maroon van, they were notable to see the face of the driver as thevan's window was only partly openedand the driver politely told them thatthey were leaving. Surprisinglythereafter, Malilipot MPS received atext message from a MICO personnelsaying that they have an on-goingoperation in their area.On February 25, 2011, atabout 6:00AM, said MICO personnelagain texted the Malilipot MPSproviding information regarding analleged armed group using a redNissan Urvan with plate no.PLT 651heading to Brgy. Calbayog. On thatsame day, a dirty white ToyotaTamaraw with plate no.TRE 155 wasagain noticed parked on the same sitewhere the Toyota Innova was parkedfrom 7:00 AM to 8:00 AM. Verificationmade with the LTO-Tabaco Cityrevealed that plate nos.MXN 902 andTRE 155 have no records while plateno.UCP 232 was found to be belongingto a dark blue Toyota Tamarawregistered to a certain JoselitoPaulino of San Ildefonso, Bulacan,and plate no.ZEU-172 was found to beregistered in the name of AntonioDebelos of Cotabato City.Murder case filed against thesoldiersOn May 9, 2011, a case ofMurder against Major Danilo GAmbe, and 7 others was filedbefore the Camarines Sur ProvincialProsecutor's Office and was docketedunder NPS No.V-10-INV-11E-00452.However, based on the motion of thefamily of the victim, the casewas transferred at the AlbayProvincial Prosecutor's Office wherei t i s c u r r e n t l y u n d e r g o i n gp r e l i m i n a r y i n v e s t i g a t i o n .Meanwhile, the AFP relieved theabovementioned soldiers from theirduties and responsibilities, while theGeneral Court Martial Proceedingsagainst them have been suspended bythe AFP after a criminal case hasbeen filed.