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1995 Kuratong Baleleng rubout

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1995 Kuratong Baleleng rubout
LocationCommonwealth Avenue, Quezon City, Philippines
DateMay 18, 1995
approximately 5 a.m. (UTC +8)
Attack type
Shooting
WeaponsSmall arms
Deaths11
PerpetratorsPresidential Anti-Crime Commission (PACC)
VerdictPanfilo Lacson and PACC
ChargesPanfilo Lacson and PACC

A rubout happened on May 18, 1995, when Kuratong Baleleng clashed with the Presidential Anti-Crime Commission police members.[1][2]

Incident

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Kuratong Baleleng, a known syndicate who are known on bank robberies who rob millions of pesos and dollars in the Metro Manila was on the top monitored syndicates of the Anti-Bank Robbery Task Force.[3] The said syndicate was had sighted by the task force in a van, and pursued them. But a shootout happened while the syndicate passing a road in Quezon City on early morning, until they reached Commonwealth Avenue, when they clashed with the police officers.[4][5] In a press conference, Police Director General Recaredo Sarmiento, the Philippine National Police (PNP) chief said that the police officers are had only intercepted the syndicate when they are routing to their hideout, and the policemen involved did not sustain any injuries.[3]

The police recovered from the syndicate the four ArmaLite rifles, 210 ammunition rounds, and P380,000 cash.[1]

Wilson Soronda, the leader of the syndicate, and its moneybag (turns out it was his sister Gemma Siplon),[1] were found in Pasig and Laguna respectively. Both members are the arrested in May 17.[6]

Investigation

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The following day, a headline by Armando Capili was released about the incident, also saw the crime scene that some of the bodies of the syndicate members are handcuffed behind their backs, and some police officers put two ArmaLites inside the van full of bullet holes.[6]

Though Capili's headline article did not gain bigger attention until May 21, when SPO2 Eduardo de los Reyes came forward to ABS-CBN with an insight to the story, as he contradicted the official version and affirm that police had executed the bank robbers.[5][6][7] Also, due to money involved in the case (Kuratong's robbed money), rumors spreading that it was a police operated money heist for PACC chairman and then-Vice President Joseph Estrada.[1]

After the CHR received a statement against the police officers two days before, on May 26, Acting Ombudsman Francisco Villa, directed his deputy Manuel Casaclang is tasked to monitor the investigation process started by the Commission of Human Rights (CHR), the Senate Committee on Justice and Human Rights (led by Raul Roco), and the PNP's Directorate for Investigation.[6] After 3 days, Cascalang send requests to Roco, and to CHR chairman for the documents related, and the CHR formalized the document the next day.[7]

The same day, SPO2 Corazon de la Cruz appeared and testified before the Joint Senate Committee conducting a legislative inquiry, confirmed and reaffirmed the statement of SPO2 de los Reyes that there is no shoot-out, but a massacre or a rubout.[6][7] The two police police officers stated that they arrested eight men, the day before the incident in at the Kuratong hideout in Las Piñas' Superville Subdivision and housed them to Camp Crame, the national headquarters of the PNP. When they loaded them in a van, they included two other suspects (one of them was unrelated to the syndicate and unknown crimes), and the van go trough the Commonwealth Avenue (the road/place of incident), and all of them died.[6][8]

The National Bureau of Investigation (NBI) reported that there are policemen raided the Superville and Alabang subdivisions, for looting the syndicate's robbed money. They identified that it was eight was taken from Superville while the ninth man and the tenth (Gemma's Siplon's husband) from Alabang handcuffed, blindfolded and driven into Camp Crame. She was pulled out and an eleventh male (the one with the unknown crime) got a ride to Commonwealth Avenue.[1][8]

Following a Senate hearing, the top police officials Chief Superintendents Romeo Acop (Criminal Investigation Service Command), Jewel Canson (National Capital Region Command (NCRC)), and Senior Superintendent Francisco Zubia of Traffic Management Command resigned,[9] and a special police committee for investigation of the matter was recommended upon the filing of multiple murder chargers against the three top police officials (adding Panfilo Lacson) and other policemen.[5]

Senate investigation result

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A joint inquiry by the Senate committees on Public Order (led by Ernesto Maceda), Justice and Human Rights (led by Roco), and National Defense and Security, (Orly Mercado) concluded that the victims killed at the scene were unarmed, and some people were killed while in police custody. They suggested that Chief Superintendents Lacson (Task Force Habagat chief), Canson, Acop, Zubia and 15 other officers should face murder or homicide charges.[1][6]

Ping Lacson at Senate hearing in 1995 for Kuratong Baleleng case

Cases and trials

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On November 2, 1995 multiple murder charges was filed by newly-appointed Ombudsman Aniano Desierto before the Sandiganbayan against Lacson, and 26 other Philippine National Police officers (including Acop, Zubia, and Canson) implicated.[4][5][10][11]

After Desierto was appointed police also ceased to oppose the preliminary probe. Prosecutor Leonardo Tamayo originally proposed 98-person indictment, but Desierto dismissed Tamayo's indictment, and instead, formed a group of detectives which suggested reducing from the original size of the said indictment to 26, be charged of murder that also specified Lacson as the principal and other senior officials as accomplies.[6]

When it proceded to stand trial before Sandiganbayan, the accused, mainly Lacson requested a second Ombudsman probe. Although private prosecutors protested, the Ombudsman's legal team approved.[11]

In December 1995, SPO2 de los Reyes stated that a businessman was offered him P5 million to go slow against Lacson. He was tasked to read scripted answers to questions asked in hearings to downgrade charges against Lacson. Two lawyers stand on behalf of Lacson twice. In 1996 February, the hearing for the case was held. Despite insistence of de los Reyes' accounts, the Ombudsman dismissed the accusation.[6][11]

Lacson also contested the Sandiganbayan's involvement in handling of the case in 1999, as no higher than a senior superintendent (police colonel) was charged as a principal, Sandiganbayan no longer had jurisdiction over the case.[11]

Congressmen and Senators looked into receipt of 10 TV sets from the businessman that De los Reyes had accused of trying to bribe him.[6]

Lacson became PNP chief from 1999 until January 20, 2001, and retired officially March 2001, to run for senate. But when March 2001 come, three police officers surfaced of affirm the testimonies of the five witneses. Police Inspector Ysmael Yu, now a SAF commando, stated on his sworn in statement that he led an assault team at Superville at the night of May 17, 1995, because Canson dropped the orders, and being brefied by Lacson, Acop, and Zubia. Also, he stated that the eight men arrested in the said subdivision that there are no fight aginst policemen or even a shootout.[8]

Police Inspector Abelardo Ramos said that he and another policeman were assigned at the time with Zubia’s Traffic Management Group. They were tasked as perimiter security and surveilance for the assault team. Like Inspector Yu, they are also breifed by those police officials after they escorted the eight men to Camp Crame. Ramos and the another policeman drove the ten handcuffed men to Commonwealth Avenue. Yu and Ramos' affidavits were endorsed by then-PNP Chief Leandro Mendoza.[8]

Chief superintendent Reynaldo Berroya, Lacson's former colleague turned enemy, and Reform the PNP Movement pushed the case revival in 2001,[12] Upon motion of Lacson, the criminal cases were remanded to the Ombudsman for reinvestigation. Subsequently, his participation in the crime was downgraded from principal to accessory. He pleaded not guilty when arraigned in 2002.[8][10][13][14]

The special prosecuting team of Free Legal Assistance Group (FLAG) led by Jose Manuel Diokno, responded and later asked the High Tribunal to remand the case once more to the trial court to present new evidence against Lacson, inter alia. On May 2, 2008, the Supreme Court of the Philippines approve Diokno's appeal, thereby reopening the case to prosecute implicated officers.[15][16]

In November 12, 2003, Judge Ma. Theresa Yadao of the Quezon City Regional Trial Court Branch 81. She junked the murder case against Lacson and other police officials for lack of probable cause. In December 5, 2012, the Supreme Court (SC) reaffirmed the 2003 court decision by vote of 14–0, even Antonio Carpio inhibited.[17][18][19] The finality of the SC ruling occurred in March 4, 2013.[20][21]

References

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  1. ^ a b c d e f Bondoc, Jarius (October 6, 2003). "Was money the motive for Kuratong rubout?". Philstar.com. Retrieved September 4, 2024.
  2. ^ "Kuratong Baleleng: The Crime Syndicate that Ruled the Philippines" Grey Dynamics. Oct. 13, 2021.
  3. ^ a b "Executing a bloody injustice". South China Morning Post. April 9, 1997. Retrieved September 4, 2024.
  4. ^ a b Cable, Honor Blanco. (1995, Dec 30) "1995: Year of prayers, tears and hopes." Manila Standard, pp. 12–13. Retrieved on Oct 1, 2021.
  5. ^ a b c d Country Reports on Human Rights Practices for 1995. United States Department of State. 1996. —See the full report (Philippines) Retrieved July 4, 2022. —See pp. 697–708 of the book published by the United States Government Printing Office, Washington, D.C. Retrieved June 30, 2022.
  6. ^ a b c d e f g h i j Bondoc, Jarius (February 20, 2002). "Kuratong Baleleng massacre revisited". Philstar.com. Retrieved September 6, 2024.
  7. ^ a b c "G.R. No. 120422 & G.R. No. 120428" The LawPhil Project. Sept. 27, 1995. (Covering only the May 1995 incident.)
  8. ^ a b c d e "G.R. No. 149453" The LawPhil Project. May 28, 2002. (Covering the May 1995 incident and subsequent events.)
  9. ^ Brigada Siete - Batas O Bala? (MISG, Philippine Constabulary, Kuratong Baleleng) FULL EPISODE, retrieved January 16, 2024
  10. ^ a b Cantorias, Mary Jude V. The Kuratong Baleleng Gang Case- A Saga Revisited (PDF).
  11. ^ a b c d G.R. No. 128096. January 20, 1999.
  12. ^ Laude, Jaime (February 17, 2001). "Kuratong case to be revived". Philstar.com. Retrieved September 4, 2024.
  13. ^ Sison, Jose C. (April 7, 2003). "The Kuratong case untangled". Philstar.com. Retrieved September 4, 2024.
  14. ^ "17 pulis sa Kuratong nagtatago na ?". Philstar.com. October 9, 2003. Retrieved August 29, 2024.
  15. ^ "SC defers action on revival of Kuratong case". GMA News Online. May 3, 2008. Retrieved September 4, 2024.
  16. ^ "Kin of Kuratong-Baleleng rubout victims ask SC to resolve case". GMA News Online. May 16, 2008. Retrieved September 4, 2024.
  17. ^ Romero, Purple S. (December 5, 2012). "SC junks case vs Lacson in Kuratong Baleleng 'rubout'". RAPPLER. Retrieved September 4, 2024.
  18. ^ "Lacson cleared of murder raps after SC affirms RTC ruling". Philstar.com. December 5, 2012. Retrieved September 4, 2024.
  19. ^ Punay, Edu (December 6, 2012). "Supreme Court affirms ruling dismissing 'Kuratong' case vs Lacson". Philstar.com. Retrieved September 4, 2024.
  20. ^ Merueñas, Mark (March 4, 2013). "SC junks govt appeal, clears Lacson with finality in Kuratong Baleleng case". GMA News Online. Retrieved September 4, 2024.
  21. ^ Punay, Edu (March 5, 2013). "It's final: SC clears Lacson in 'Kuratong Baleleng' case". Philstar.com. Retrieved September 4, 2024.