Sample Investigation Report 2y1q5d

Republic of the Philippines PHILIPPINE NATIONAL POLICE BUKIDNON POLICE PROVINCIAL OFFICE KADINGILAN POLICE STATION Kadingilan, Bukidnon 8713 [email protected]

MEMORANDUM

I.

FOR

: The Acting Provincial Director Bukidnon PPO (Attn: Acting Chief, PIDMB)

FROM

: Officer-In-Charge

SUBJECT

: Investigation Report on NPA Attack at Kibawe MPS

DATE

: 04 April 2014

AUTHORITY: a. Standard Operating Procedure; b. NAPOLCOM Memorandum Cirular No. 2007-001; c. Special Report dated 16 December 2013; and d. Radio Message Cite Number BPPOG-1126-2013-910.

II.

MATTERS TO BE INVESTIGATED:

1. This pertains to the alleged lapses committed by Kibawe MPS personnel resulted in the killed-in-action of SPO3 Rodelfin Alonzo, seriously injured three (3) other personnel and robbed assorted government properties and some personal items of PNP personnel during the attack of lawless group/NPA at 4:45 O’clock in the morning of 12 December 2013 at Kibawe MPS, West Kibawe, Kibawe, Bukidnon. 2. Whether or not the Kibawe MPS personnel under the supervision of PSINSP BUTCH IAN CAGALITAN MIŇOZA, in his capacity as Chief of Police, can be held liable istratively? III

FACT OF THE CASE:

3. At about 7:30 O’clock in the morning of December 11, 2013, Team “A” of Kibawe Police Station duty detail (marked as Annex “A”), spearheaded by SPO3 Rodelfin Gumilid Alonzo with eight (8) reported at Kibawe Police Station, Kibawe, Bukidnon for their 24-hour tour of duty.

4. That at 4:45 O’clock in the morning of December 12, 2013, a sudden/surprise attack of undetermined fully armed men believed to be lawless bandits P/NPA of FRONT COMMITTEE 53 (FC-53), led by alias Commander Revo who was identified later in the rogues gallery of the NPA (marked as Annex “B”). 5. That during the attack, fire fight was ensued between the on duty PNP Personnel of Kibawe MPS against undetermined of P/NPA, which resulted in the death of SPO3 Rodelfin Gumilid Alonzo (death certificate marked as Annex “C”) and wounding PO3 Junar L Juban, PO2 Jonerey P Maniego and PO2 Elizar M Lacoste (medical certificates marked as Annex “D-1”; “D-2” and “D-3”). 6. After twenty (20) minutes of fire fight, the lawless group/NPA led by “Alias COMMANDER REVO/PRIMERA/ABE” entered in the alley until the restroom of Kibawe MPS building searching for SPO3 Rodelfin G Alonzo who is already bleeding and plead to spare his life but instead on murderous outrage shot two (2) times the victim causing his death. Thereafter, destroyed the supply cabinet/stock room and several PNP personnel lockers, took and carted away six (6) M16 (5.56) Armalite rifles with 3,900 rounds ammunition, three (3) pieces 9mm pistol, one (1) caliber 45 pistol, four (4) pieces PNP handcuffs, two (2) pieces hand held radios, six (6) pieces cellular phones, four (4) units computer units, six (6) pistol belts, one (1) digital camera, five (5) cellular phones, one (1) bullet proof vest, one (1) telescope and assorted uniforms (Summary of Stolen Items Carted Away by the NPAs marked as Annex “E”). 7. During the incident, the building occupied by Kibawe MPS was partly destroyed. Assorted equipment and one (1) M16 rifle bearing Serial no.138100, issued to PO3 Junar L Juban and the APIS Investigation kit (marked as Annex “F”) were also damaged due to volume of bullets pierces the police station coming from the NPA attackers. IV

DISCUSSION:

8. As Team Leader of Team “A” at 4:00 O’clock in the morning of December 12, 2013, late SPO3 Rodelfin Gumilid Alonzo take his post as duty building guard of the PNP edifice, particularly at the lobby of police station premises, while his team were resting including PSI Butch Ian Cagalitan Miñoza, the Chief of Police. 9. After thirty (30) minutes from the assumption of his post, other personnel on duty heard several gun bursts of fire and PO2 Jenesis L Timtim who saw SPO3 Rodelfin Alonzo firing his M16 rifle, immediately asked the team leader to quote “WHAT HAPPENED”? SPO3 Alonzo replied by shouting; “NPA ATTACK!”. PO2 Timtim saw SPO3 Alonzo withdrawing towards his direction while firing his M16 rifle towards the enemy positions

and further noticed that several fully armed men firing their long firearms, engaging and maneuvering towards the police station (Spot Report CN KIBC-1212-11-2013 marked as Annex “G”). 10. While firefights ensued PO2 Timtim, squeeze the trigger of his M16 rifle and engage the attacking NPAs, to give way SPO3 Alonzo to seek cover and awaited for the enemy’s intrusion in his position, when PO2 Timtim accidentally fell to the pavement as a result of dislodged the magazine inserted from his M16, including bandolier with magazines also removed from his body. He tried to retrieve of same but the enemy staged volume of fires directing towards the different angles of the building occupied by Kibawe MPS, prompting him to take cover and did not able to recover his bandolier with magazines (Affidavit of PO2 Jenesis L Timtim marked as Annex “H”). 11. Eventually, personnel on-duty of Kibawe MPS led by the COP, PSINSP BUTCH IAN C MIÑOZA together with SPO1 Alberto S Cahanap, PO3 Junar L Juban, PO2 Jonerey P Maniego, PO2 Elizar M Lacoste and PO1 Reynad B. Macahis were already alarmed and thereby managed to fire back towards the surrounding enemy and firefight continued. Due to the heavy burst of gun fires coming from the enemy using assorted high powered firearms, PO3 Junar Juban was hit and sustained one (1) gunshot wound on his back, PO2 Jonerey Maniego was hit and sustained multiple gunshot wounds on his left leg and PO2 Elizar Lacoste was hit and sustained gunshot wounds on both legs while SPO3 Rodelfin Alonzo who is also wounded entered the comport room for cover. 12. After the firefight, the enemies were able to enter the main and back door of the building, and some of their companions open fired towards the comfort room where SPO3 Rodelfin Alonzo took cover. There and then, the NPAs started to destroy the supply cabinet/stock room, radio room, personnel lockers at the hall way, COP’s Office and bedroom, Investigation room, and comfort room. The NPAs took and carted away the following items: a. Six (6) M16 (5.56 mm) Armalite rifles bearing; 1) Hydra with Serial no.3397258 and bandolier with magazines full of ammunition issued to late SPO3 Rodelfin Alonzo, 2) Colt with Serial no.9038092 and bandolier with magazines full of ammunition issued to SPO3 Celedonio Ragmac which was placed inside the Supply Cabinet/stock room, 3) Colt with Serial no.9019526 issued to SPO1 Rodrie Z Cosrojas which was used by COP PSI Butch Ian C Miñoza during the incident,

4) Colt with Serial no.4729863 issued to PO3 Edemar F Lauron which was placed inside the supply cabinet/stock room, 5) Elisco with Serial no.114505 and bandolier with magazines full of ammunition issued to PO2 Elizar M Lacoste, and 6) Elisco with Serial no.128381 and bandolier of magazines full of ammunition issued to PO1 Rey L Orcajada which was placed inside the Supply cabinet/stock room. b. Three (3) 9mm cal pistols; 1) Beretta with Serial no.M14991Z which was issued to PSI Butch Ian C Miñoza, 2) Beretta with Serial no. 19198Z issued to late SPO3 Rodelfin G Alonzo, 3) Beretta with Serial no.19201Z issued to PO3 Junar L Juban, c. One (1) Norinco .45 cal pistol bearing Serial no. BA12460 personally owned by PO2 Elizar M Lacoste, d. Three (3) pcs PNP handcuffs issued to SPO3 Celedonio Ragmac, SPO3 Gregorio Lumba and PO2 Jenesis Timtim respectively, e.

One (1) personal handcuff of SPO4 Elmer E Dolotallas,

f. Five (5) pistol belts issued to SPO4 Elmer E Dolotallas, SPO3 Celedonio Ragmac, SPO3 Gregorio Lumba, PO2 Jenesis L Timtim and PO1 Rey Orcjada, g. Two (2) Motorola Hand held radios owned by LGU Kibawe which was issued to Kibawe MPS, h. Two (2) Samsung hotline cellular phones owned by LGU Kibawe which was issued to Kibawe MPS and three (3) Samsung cellular phones personally owned by COP PSI Butch Ian C Miñoza, i. One (1) Digital Camera owned by Kibawe MPS, j. Three (3) computer hard drives, k. Three (3) thousand nine hundred (3,900) rounds of 5.56 cal. live ammunition and Eighty four (84) rounds of .9mm cal. ammunition issued to the personnel of Kibawe MPS, including unissued ammunition deposited at the supply cabinet/stock room,

l. One (1) bullet proof vest and one (1) telescope personally owned by COP, PSI Butch Ian C Miñoza; m. Wallets of PSI Butch Ian C Miñoza and late SPO3 Rodelfin Alonzo contains PNP ID Cards and other important documents, and n. Assorted PNP GOA and camouflage green uniforms and other personal belongings of Kibawe PNP personnel (Summary of Report of Firearms, government properties and personal belongings carted away by the NPA mark as Annex “ I”) 13. The enemy failed to penetrate the personnel quarters and prison locked-up cell wherein some PNP personnel namely SPO1 Alberto Cahanap, PO2 Jenesis Timtim and PO1 Reynard Macahis, established defensive possessions at said area forcing the enemy to withdraw onboard the seven (7) different vehicles and single motorcycles directing towards Brgy. Mascareñas, Kibawe, Bukidnon carting away the afore-said stolen items. 14. After the withdrawal of the enemies, unharmed PNP personnel led by PSI Butch Ian C Miñoza on-board our Toyota high lux Patrol Jeep, immediately rushed PO3 Junar Juban, PO2 Jonerey Maniego and PO2 Elizar Lacoste to Bukidnon Provincial Hospital, of Kibawe for medical treatment. (Photo copy of Medical Certificates of PO3 Junar L Juban, PO2 Jonerey P Maniego and PO2 Elizar M Lacoste hereto attached and marked as Annexes “J-1”, “J-2” and “J-3”, respectively) 15. The Off-duty personnel of Kibawe MPS did not able to re-enforce their comrades during the actual fire fights, for reason that all of the vital intersections leading towards Kibawe MPS, including the national high-way of Poblacion, Kibawe were allegedly sealed/occupied by the enemies, however, after the withdrawal of the enemies, they immediately arrived Kibawe MPS to render assistance and provide security at the area. 16. The unharmed personnel, they then found late SPO3 Rodelfin G Alonzo lying dead and bath with his own blood inside the police station’s comfort room after sustaining multiple gunshot wounds on his head and on the different parts of his body. (Photo copy of Death Certificate of late SPO3 Rodelfin G Alonzo is hereto attached and marked as Annex “K”) 17. The reinforcing troops of 3rd maneuver company of RPSB 10, stationed at Don Carlos, Bukidnon, nearby Police Stations, Bukidnon PPSC, including Philippine Army also arrived at Kibawe MPS and immediately conducted hot pursuit operations against the fleeing enemies and in fact, RPSB personnel were almost hit by a land mine planted by the enemy at Brgy Tumaras, Kibawe, Bukidnon. 18. The lawless group/NPA who abandoned their utilized seven (7) vehicles at Brgy. Mascaneñas, Kibawe, Bukidnon, were able to flee towards unknown directions, and the vehicles were immediately recovered by the pursuing government troops;

19. The large portions of the building being occupied by the PNP Kibawe incurred damages, including the remaining computers, laptops, Investigation Kit, one (1) M16 rifle bearing serial no. 138100 issued to PO3 Junar Juban, Television, Karaoke, office tables, chairs, cabinets and other equipment and office supplies which were hit by the voluminous bullets fired by the enemy. (Pictures of the incident area are hereto attached and marked as Annex “L”) 20. The nearby establishments/buildings of Municipal Engineering and ABC/Library were also hit by the bullets also fired by the enemy. (Pictures of the incident area are hereto attached and marked as Annex “M”) 21. During the attack, the enemy simultaneously ransacked the Bureau of Fire Protection (BFP) Office stationed more or less 100 meters away from Kibawe MPS carting away (4) hand held radios. One (1) forward truck owned by Kibawe Vice Mayor Hon. Luciano Ligan, parked outside his residence at Pk. 2, East Kibawe, Kibawe, Bukidnon was also fired upon by the enemy after seeing the on-duty security guard at the residence of the said Vice-Mayor (Affidavit of Vice Mayor Ligan mark as Annex “N”). 22. That all the present PNP personnel, including late SPO3 Rodelfin G Alonzo and wounded personnel PO3 Junar L Juban, PO2 Jonerey P Maniego and PO2 Elizar Lacoste has able to discharge more or less six hundred (600) rounds of ammunition as a result of the firefights against the attacking lawless group/NPA. 23. t-Affidavit of PSI Butch Ian C Miñoza, SPO1 Alberto S Cahanap, SPO1 Rodrie Z Cosrojas, PO2 Jenesis L Timtim, PO1 Reynard B Macahis, PO3 Junar L Juban, PO2 Jonerey P Maniego, PO2 Elizar M Maniego, PO1 Radzmil A Ibrahim and PO1 Alex C Baldisco (attached and marked as Annex “O”) 24. t-Affidavit of SPO4 Elmer E Dollotallas, SPO3 Celedonio Ragmac Jr., SPO3 Gregorio Lumba, PO3 Edemar F Lauron and PO1 Rey L Orcajada (attached and marked as Annex “P”). 25. Information reached to the Office of the Acting Provincial Director, on the alleged actuation of SPO1 Alberto S Cahanap of Kibawe MPS during the incident, wherein he removed his PNP uniform and entered the locked-up cell due to the fact that the area is fortified and there and then continue firing targeting the attacking NPA at the back portion of the station (Kibawe MPS sketch plan “BEFORE” and “DURING” the incident marked as Annex “Q”). 26. On 11 December 2013 the Provincial Intelligence Branch (PIB), Bukidnon PPO in accordance with the instruction from the Acting Provincial Director sent a directive/message with cite number BPPOB 1211-2013066, dated 11 December 2013, informing all stations to be on guard and vigilant for the incoming 45th anniversary of the P/NPA. Basing on the strength of ten (10) 8 at the station and 2 in the terminal police

community precinct) personnel present during the incident manifested that the Chief of Police has complied the of legal order of Acting Provincial Director and further disseminated said information during the PICE wherein the personnel of Kibawe MPS noticed the arrival of the enemy which resulted twenty minutes firefight ensued between Kibawe MPS versus the attacking armed men (memorandum from DRDO/C, PIB dated 05 December 2013 and radio message cite number BPPOB 1211-2013066 mark as ANNEX “R”). 25. The personnel of Kibawe MPS who were within the tenable radius: SPO3 Celedonio E Ragmac; SPO1 Joseph H Camaso; PO3 Jonathan P Dayaday; PO2 Sixto S Idulsa; PO1 Radzil A Ibrahim and PO1 Lucio C Luhunay as mandated in the Police Operational Procedure and Station Camp Defense Plan must react and do its responsibility to engage or repel the demonic acts of the NPAs. Their justification just to staying foot, listen and doing nothing waiting while their comrades were fighting in the enemy line violates the mandated task of a police officer. On that situation their warm bodies is needed specifically in the converging area or Prominent Rallying Point (PRP), evaluate the situation, plan out the actions to made and immediately response to station (Police Operational Manual 2010 mark as ANNEX “S”). V

CONCLUSION:

26. Facts of the case at bar, apparently shows that the death/murder of SPO3 Rodelfin G. Alonzo and injuring of three (3) personnel and the robbery of the government and personal items of the Kibawe Municipal Police Station, Kibawe, Bukidnon was a clear indication of the enemy of the state to pursue their criminal acts and no plan of abiding any rules of law during conflict/war. 27. The attacked manifest NPAs evil motive and entered a portion of the building led by “ALIAS COMMANDER REVO/PRIMERA/ABE” of FRONT COMMITTEE 53 under the umbrella of P/NPA and took away assorted firearms and ammunition, computers, radios, cellular phones, handcuffs, cameras, pistol belts, assorted uniforms and destroys the equipment including APIS Investigation Kit and one (1) M16 rifle bearing serial no. 138100. 28. The late SPO3 Rodelfin Gumilid Alonzo showed gallantry and heroic act in defending the Kibawe Municipal Police Station and the Philippine Democratic Government including his resting comrades and in fact upon notice on the surprise arrival of the enemy, he immediately fired his M16 rifle directing towards the approaching enemy who also staged counter fire, even though wounded, he continued firing while withdrawing to take cover inside the PNP building and shouted to quote; “NPA! ATTACK!” that caused alarm to all of his comrades leading them to also fire their respective firearms directing towards the surrounding enemy and a fire fight lasted for more or less (20) minutes that resulted to the untimely death of SPO3 Rodelfin G Alonzo.

29. Consequently, due to the said incident, PO3 Junar L Juban, PO2 Jonery P Maniego and PO2 Elizar M Lacoste also sustained gunshot wounds on the different parts of their bodies after being hit by the bullets from the enemy. 30. Even though outnumbered, but never outfought, eight (8) PNP personnel of Kibawe MPS led by COP, PSI Butch Ian C Miñoza struggle hard and exerted all their effort in the defending Kibawe MPS against undetermined of lawless bandits of Front Committee 53 (FC-53), P/NPA led by alias Commander Revo. VI

RECOMMENDATION:

31. In this case at bar, based on the facts and prevailing circumstance surrounding the said incident, criminal case of MURDER (Information Sheet mark as ANNEX “T-1”), THREE (3) COUNTS FRUSTRATED MURDER and TWO (2) COUNTS OF ROBBERY (Information Sheet mark as ANNEX “T-2”) and FOUR (4) COUNTS CARNAPPING (Information Sheet mark as ANNEX “T-3”) were already filed against five (5) NPAs of Front Committee 53 headed by “ALYAS REVO”/PRIMERA/ABE; KUMANDER YUDI/JASMIN/RAYA; IAN TAMAYO/GIOVANNI GALAMITON/ALYAS “KUMANDER TANGKAG”; “ALYAS YANA”; VENGIE SUMBAY/“ALYAS JAY” and several John Does and Richard Does at the Provincial Prosecution Office, National Prosecution Service, Department of Justice, Hall of Justice, Malaybalay City under jurisdictional authority of Honorables John S Magdaraog and Phoebee L Toribio. 32. It is highly recommended by this Office through the Acting Provincial Director that after the exhaustion of istrative remedies and complying the due process clause as provided in the 1987 Constitution that SPO3 Celedonio E Ragmac; SPO1 Joseph H Camaso; PO3 Jonathan P Dayaday; PO2 Sixto S Idulsa; PO1 Radzil A Ibrahim and PO1 Lucio C Luhunay of Kibawe MPS, Kibawe, Bukidnon be subjected to PreCharge Evaluation for failure to response and defying the Station Defense Plan and failure to observe the Police Operational Procedure. 33. Further, to expunge any doubt of cover-up an in-dept investigation must be had and upon determination of istrative liabilities to other Kibawe MPS personnel they will be immediately recommended for PreCharge Evaluation according to the gravity of their offense under NAPOLCOM CIRCULAR NUMBER 2007-001 or any law applicable to those found to have substantial evidence to indict them. 33. It is also highly recommended before the Acting Regional Director, PRO 10, PCSUPT ISAGANI FRANCISCO GENABE, JR., through this office, that after perusal/evaluation of the facts and circumstances surrounding the incident, PCINSP BUTCH IAN CAGALITAN MINOZA, SPO1 Alberto S Cahanap, PO2 Jenesis L Timtim, PO1 Reynard B Macahis, be given appropriate medals/awards, on their gallantry act displayed, to defend Kibawe MPS during the attack.

RODOLFO MATILAC DONGIAPON Police Senior Inspector Incls: A/S