“Video Speaks For Itself’: Palace, PNP Don’t See Any Way Out For Cop In Tarlac Killings

Malacañang and the Philippine National Police (PNP) do not see any way out for Senior Master Sergeant Jonel Nuezca, who shot dead at point-blank range his neighbors Sonya Gregorio and her son Frank Anthony in Paniqui, Tarlac on Sunday afternoon, Dec. 20.

As the incident was caught on video, presidential spokesman Harry Roque said Nuezca cannot invoke insanity to avoid criminal charges while PNP-Internal Affairs Service inspector general Alfegar Triambulo expressed confidence that Nuezca will be kicked out of the service as he committed a grave offense.

It was President Duterte who described Nuezca as mentally deranged during his talk to the nation on Monday night, Dec. 21. Duterte said he was wondering how Nuezca, whom he called “crazy” was able to pass the neurological tests for police officers.

"Isa lang itong klaseng pulis na ‘to. May sakit ito sa utak. Topak. (He is a one-of-a-kind police officer. He is sick in the head. He is crazy). And I’m just wondering why he was able to (pass the) neuro (tests). You could detect a person by the way he answers the neuro tests. Taran**** ‘yung g*** na ‘yon (He is a fool)," the President stressed.

But Duterte also said Nuezca “should not be allowed to go out” because what he did was  “double murder.”

“Double murder is a serious offense, a grave offense. So from the time you are arrested up to the time that you are haled to court to answer for the death of those two persons, innocent ones, you cannot post bail," he added.

Duterte instructed the PNP to make sure that Nuezca would remain in jail. "I don’t think that you can escape the rigors of justice because nakuha sa TV pati ako napanganga (It was caught on TV and I was also stunned). Kawala-walang kuwenta (The killings were senseless)," he said.

"Huwag ninyong bitawan ‘yang y*** na ‘yan (Do not let go of that devil. I’d like to call the PNP: Be sure that he is detained."

Can’t invoke insanity

Roque said on Tuesday, Dec. 22, that Nuezca cannot use insanity as an excuse to be absolved from his crime.

"Insanity is an exempting circumstance or defense to avoid liability. There should be no consent, the person should not be conscious of what is right or wrong...If he is conscious about what is right or wrong, that cannot be invoked," Roque said in a press briefing.

"We saw that they were arguing over the right of way, perhaps he (Nuezca) knows that it is wrong to use government-issued guns on his rivals in a property dispute. He cannot use it as a defense," he added.

Roque disclosed Duterte is in favor of enhancing the neurological examination of police officers to prevent the entry of "bad eggs."

Calls to review the PNP recruitment process mounted after the incident involving Nuezca. It also sparked debates about the alleged culture of impunity in the police force, with some groups accusing Duterte of emboldening law enforcers to use excessive violence. They noted that Nuezca is still in the police service despite facing at least six administrative cases.

Officials have maintained that Duterte does not condone crimes and that majority of the country's police officers are disciplined.

"I think they (PNP) will study ways to enhance the screening process to ensure that only the good ones will be part of the police," the Palace spokesman said.

Citing PNP data, Roque pointed out that 4,784 police officers have been dismissed from the service, 890 have been demoted, 8,349 have been suspended, 658 faced salary forfeiture, 1,803 have been reprimanded, 129 have been restricted and 226 faced withholding of privileges from July 2016 to Dec. 16, 2020. A total of 16,839 police officers have been penalized for various offenses, Roque said.

Roque backs taking of videos of crimes

While PNP chief Gen. Debold Sinas has discouraged the taking of photos and videos of a crime, Roque is convinced that these materials can help establish the accountability of a wrongdoer.

"For me, it would be better if we have such videos because it would be easy to prove the liability of the policeman. The video only needs to be authenticated and the one who took it needs to be identified and it can already be used as evidence," the Palace spokesman explained.

Roque noted that CCTVs are installed along major roads to enable authorities to identify the perpetrators of crimes.

Sinas warned in a press conference that taking photos or videos could put witnesses at risk.

"I think nasa mga tao po 'yun, sa mga witness na kumuha…I will not advise because very tricky 'yun. Baka mamaya kumuha ka ng video tapos baka mababalingan ka, so sa inyo po 'yun," Sinas said.

"If I may suggest, kung may mga ganoong incident, we just witness at saka ‘wag na tayo mag-interfere lalo na ‘pag armed or dangerous 'yung suspect or 'yung mga involved," he added.

Sinas advised civilians who really want to take photos or videos to make sure that they are far from the crime scene and that they should not post them on social media to avoid tampering of evidence. He said people should just show them to authorities and testify that they were the ones who took the photos or videos.

Dismissal from service, forfeiture of benefits

Apart from dismissal, Triambulo said Nuezca is expected to lose his pension and other benefits, except for the commutation of his leave credits. He will also be barred from working in government once the proceedings against him were completed.

In a text message, Triambulo said he instructed his investigators to work overtime to ensure the probe into Nuezca’s is over the soonest possible time or in 30 days.

He also went to Tarlac on Tuesday and personally supervised the conduct of the investigation.

On Monday, Sinas said an investigation will “motu propio” be conducted by the PNP-IAS  and that he asked for “the quick resolution of the summary hearing case” against Nuezca “for my approval of his immediate dismissal from the service.”

Sinas condemned the incident and confessed that “words are not enough to assuage the feelings of the bereaved family of the victims.”

He said the PNP would not condone criminal acts of its people and “I am extending to them any form of assistance within my power” to “appease their emotions in this unexpected time of grief.”

The Palace disclosed that Duterte, like Interior and Local Government Secretary Eduardo Año and Sinas, considered the incident as “isolated” even as the police had been under fire for alleged killings in the name of the administration’s war on drugs and other human rights abuses.

Triambulo emphasized that the action to be taken against Nuezca must be swift so he would no longer be able to enjoy any benefits while in detention.

While the disposition of administrative cases involving grave offenses usually take 40 days for them to resolve, Triambulo said he imposed a 30-day deadline on the case of Nuezca.

Nuezca, of the Paranaque City Crime Laboratory, shot dead the mother and son following an altercation over Frank Anthony’s use of “boga" or improvised cannon, which escalated when the two sides’ dispute over right-of-way in the area was brought up.

In a radio interview, Triambulo said Nuezca will continue to receive his salary while he remains in service, thus deprive the government of resources.

“Lugi din po 'yung gobyerno kasi siya ay sumasahod dahil meron tayo sa batas na presumption of innocence until it is proven guilty,” he explained.

A quick resolution of the case, according to Triambulo, is the least they could do for the victims' family who are crying for justice. He said the video of the incident “speaks for itself” and will never lie.

“‘Yung kanyang video ay malaki po 'yung bagay, punto kasi hindi po 'yan nagsisingungaling,” he underscored.

Triambulo said Nuezca also confessed to the crime and surrendered to fellow police officers.

Triambulo made the assurance to resolve Nuezca’s case quickly as the National Police Commission was also criticized for releasing a resolution only last October demoting Nuezca to master sergeant due to an extortion case in 2014.

At the time, Nuezca was still with the Taguig City police's tactical motorcycle unit. The case stemmed from the complaint of a tricycle driver who accused Nuezca and another policeman of extortion.

Napolcom legal affairs service chief did not reply when asked about the other details of the case, including why it took the agency six years before resolving it.

Duterte has warned law enforcers that there would be "a hell to pay" if they commit abuses following an outrage over the killing of the Gregorios.

Duterte, who has been accused by his critics of being lenient on soldiers and policemen, said his promise to protect uniformed personnel does not cover crimes like murder.

"Didn't I say: 'You do it right, I’m with you. You do it wrong, and there will be a hell to pay.' That's what I said during my SONA (State of the Nation Address)," the President said during a televised public address last Monday.

"I will repeat: Do your duty, enforce the law. Your actions must be in accordance with the law. You do not follow the law, you execute people, you kill people, then I’m sorry, that is not part of the agreement of how we should do our work," he added.

The President admitted that some police officers tend to exhibit their authority even in matters not connected with their work. He cited as an example policemen who are beating their spouses and who refuse to support their family.

He went on to say that Nuezca should be "fed" with the coronavirus.

“Padrino”

Sen. Imee Marcos said Nuezca likely have several protectors within and outside the police force – the reason why he remains in service despite previous cases.

Marcos thinks Nuezca “could even be a regular hitman.”

“Sino mga padrino nito? (Who are this guy’s backers?) The guy is clearly inured to shooting people like target practice, using his service firearm,” Marcos said.

“His immediate superiors must be automatically included in the investigation, according to (Republic Act No. 8551),” Marcos said, citing the law meant to reform and reorganize the PNP.

“(RA) 8551 needs to be amended and strengthened. Clear lapses are being committed in the psychological and drug tests for police personnel, as well as the periodic review of their behavior,” Marcos added.

Marcos said a strong padrino and fraternity system was defeating the PNP’s efforts since 2018 to prevent influence-peddling in police recruitment through the RONMEDDS (Robust, Neuro-Psychiatric, Medical and Dental System) program.

The RONMEDDS program that barcodes regional health service processes was put in place because the results of periodic psychological and drug tests were being bought or negotiated by political affiliates and classmates of police recruits and personnel, Marcos bared.

Marcos also called on the PNP to “stop the proliferation of illegal firearms especially in the northern provinces.”

Death penalty

Asked to react to fresh calls to revive the death penalty, Roque said Duterte has been supportive of the measure but it would be up to Congress to decide whether to pass it.

"The stand of the President is clear. The President is in favor of death penalty especially for wide-scale drug trafficking but it is now in the hands of lawmakers," he said.

Roque also chided critics who are linking Duterte's promise to protect policemen and soldiers with the Tarlac incident.

"He (Duterte) said the only test for the use of violence is when a policeman faces a threat to his life... So there is no need to recalibrate (the message) because the President's message was clear. What should be recalibrated is the opposition, which sounds like a broken record," he said.

Sen. Ronaldo “Bato” Dela Rosa said Nuezca should have been meted the capital punishment if only the country has a death penalty law.

“They (critics) don’t want the death penalty eh!” Dela Rosa told reporters in a text message in Filipino.

The senator, who served as PNP chief, described Nuezca’s “cold-blooded killing” as double murder and a heinous crime that should be punishable by death.

“But up now, the death penalty bill that I co-authored is moving excruciatingly slow (in the Senate),” Dela Rosa said, adding he remains unsure if the bill would be approved in the Senate.

When asked how such a law could help reduce heinous crimes, he said: “Deterrence. Who would want to kill a person if he knows he will be killed via the death penalty?”

Dela Rosa also did not pose any objection to citizens taking videos of apparent criminal incidents “if he or she is willing to take the risk as the shooter might his ire on them.”

“But video recording of crimes happening before your eyes is very useful in criminal investigation. It is a great help to police investigators,” he said.

Sen. Manny Pacquiao also condemned the killing of the Gregorios, saying it made the reimposition of the death penalty more urgent.

“Nuezca was very casual and did not appear to hesitate at all when he shot the mother and her son, who did not have any weapon at all. Maybe he thought that our laws are weak and he can easily survive jail with his horrible crime,” Pacquiao said in Filipino.

“That’s the same mindset that prompts criminals to carry out even the most heinous of crimes,” he said.

Pacquiao appealed to the public not to condemn the PNP as an institution as there still are many upright policemen and Nuezca is “just one of the few rotten eggs in their organization.”

“Instead of condemning our policemen, let’s help them so they can feel the care and trust of the people they serve,” he said.

Sen. Joel Villanueva however maintained his stance against the death penalty but said he remains open to discussing the measure.

“I’m open to discussion and debates but you can only convince me if we have a working and efficient justice system,” Villanueva said.

Senate Majority Leader Juan Miguel Zubiri called on the House of Representatives to approve the bill he and Senate President Vicente Sotto III, and Sen. Richard Gordon authored that seeks to create a super maximum security prisons for those convicted of heinous crimes.

“A life in isolation is a fitting punishment to these murderers, drug lords, rapists and plunderers. We request our counterparts in Congress to fast track the approval as we have approved it on third and final reading last Dec. 16, 2019 which is over a year ago,” Zubiri said.

Be fair

The PNP also appealed for fairness after it was pilloried by the public over the deaths of the mother and son.

According to PNP spokesman Brig. Gen. Ildebrandi Usana, the actions of Nuezca do not reflect the conduct of the majority of police officers  – whom he said are risking their lives in the performance of their duties.

“Siguro naman maging fair and just then bigyan din ng pansin ang mga heroic acts over this particular case of Nuezca,” he said during a “Laging Handa” press briefing.

Usana stressed the incident is an isolated case, stressing that most of them are responsible police officers who will not shoot people on a whim.

“I guess this is unfair to the PNP,” he said, noting Nuezca's action was  personal in nature and not connected to his duties as a policeman.

On the issue of Nuezca's previous administrative cases, including grave misconduct for two separate charges of homicide, Usana said these were dismissed for lack of evidence.

Usana also said the procurement of body cameras for their operatives is ongoing, assuring the gadgets will be distributed to their line units to ensure transparency in the operations.

Vice President Leni Robredo has blamed the leadership of the PNP for allowing Nuezca to remain in service “despite a clear pattern of brutality” and “a string of cases that made his propensity for violence apparent.”

In a statement on Monday night, Robredo said the blame could not just be pointed “on the person who pulled the trigger” as “if he were not part of a larger architecture of impunity.”

“Despite a clear pattern of brutality and a string of cases that made his propensity for violence apparent, the leadership allowed him to remain in service,” she noted. – With Paolo Romero, Cecille Suerte Felipe, Helen Flores