The Department of Justice (DOJ) has approved the filing of murder and planting of evidence charges before the court against three police officers for the 2020 killing of Diego Lafuente, a Spanish national, in Siargao Islands, Surigao del Norte.
The DOJ’s Office of the Prosecutor General identified those to be charged as PCapt. Wise Vicente B. Panuelos, PSgt. Ronel A. Pazo, and PSgt. Nido Boy E. Cantos – all members of the Gen. Luna municipal police station.
“The information (criminal charge sheet) for Murder and Planting of Evidence will be filed before the Regional Trial Court, 13th Judicial Region, Surigao del Norte,” the OPG said.
The OPG said it released last Thursday, March 3, the prosecutors’ resolution that contained the court indictment of the three police officers after the termination of the preliminary investigation on the complaint filed by the National Bureau of Investigation (NBI) on Sept. 17, 2021.
During the preliminary investigation of the complaint, the three police officers claimed that Lafuente was an illegal drugs personality in the Caraga Region and that they were forced to defend themselves when he drew a firearm during an anti-illegal drugs operation on Jan. 8, 2020.
They also claimed that a .45 caliber pistol and cocaine weighing 8.3326 grams were recovered from Lafuente.
“However, after the evaluation of the evidence submitted by the National Bureau of Investigation, the Panel of Prosecutors found that there is sufficient ground to charge respondents with Murder and Planting of Evidence under the Comprehensive Firearms and Ammunition Regulation Act of 2013,” the OPG said.
“Although there were no eyewitnesses in the killing of Diego Lafuente, the recommendations of the panel of prosecutors were based on the SOCO (Scene of the Crime Office) report and forensic results that disproved the claim of respondents of a shootout,” it added.
It pointed out that the physical evidence showed that “the placement of the fired cartridge cases (FCCs) from the service firearms (9mm) of PCapt. Panuelos and PSgt. Cortes and the FCCs from the alleged firearm (Cal. 45) of Diego Lafuente were in close distance with each other, found in a triangular area.”
The DOJ prosecutors said that if indeed there was a shootout, the OPG said “the placement of the FCCs should be on opposite sides.”
“Moreover, the investigation shows that after Diego Lafuente jumped over the perimeter wall, he was shot by PSgt. Cortes as evidenced by a 9mm FCC found underneath the ground located near the area where Diego Lafuente was lying,” the DOJ stressed.
“The crossmatching examination revealed that the 9mm FCC matched with and was fired from the firearm of PSgt. Cortes,” it added.
However, the DOJ prosecutors dismissed the perjury charge against the respondents because the alleged inconsistencies in their affidavits were not shown to be “made with willful and deliberate assertions of falsehood” which is an essential element of the crime.
