THE Office of the Prosecutor General on Friday recommended the immediate indictment of three (3) police officers tagged in the death of Spaniard Diego Lafuente who was killed during an anti-illegal drugs operation in Siargao Islands last year.

In a resolution dated February 9, 2022 but was only released on March 4, 2022, government prosecutors have resolved to indict PCapt. Wise Vicente B. Panuelos, PSsgt. Ronel A. Pazo, and PSsgt. Nido Boy E. Cortes for murder and planting of evidence.

This was after probable cause was established against them during the preliminary investigation on the complaints.

The complainants in the cases were the Government of Spain, through the Office of the Consul General of Spain in Manila, Maria Del Pilar Lafuente, and Jose Alberto Bello Rivas.

The facts, as narrated in the resolution, revealed that in the early morning of January 8, 2020, the operatives of the General Luna Municipal Police Station, Surigao Del Norte, headed by respondent Panuelos, who was then the chief of police, together with respondents Pazo and Cortes, as well as elements from the 1302nd Regional Mobile Force Battalion, conducted a buy-bust operation against Lafuente, who was allegedly the no. 1 drug personality in the Caraga Region.

During the buy-bust operation, the respondent-lawmen claimed that Lafuente drew a firearm and fired at them, forcing them to defend themselves and shoot back, resulting in the Spaniard’s death.

A firearm – a Para-Ordnance pistol cal. 45 and 8.3326 grams of cocaine were allegedly recovered by authorities from Lafuente.

However, after evaluation of the evidence submitted by the National Bureau of Investigation (NBI), the panel of prosecutors who handled the preliminary investigation found out that there was sufficient ground to charge respondents with murder and planting of evidence under the Comprehensive Firearms and Ammunition Regulation Act of 2013.

Although there were no eyewitnesses in the killing of Lafuente, the panel’s recommendations were based on the police scene of the crime (SOCO) report and forensic results that disproved the respondents’ claim of a shootout.

Physical evidence showed that the placement of the fired cartridge cases (FCC) from the service firearms of respondents Panuelos and Cortes, and the FCCs from the alleged firearm of Lafuente were in close distance with each other “in a triangular area.”

If there was indeed a shootout between the lawmen and Lafuente, the placement of the FCCs should be in the opposite sides.

Also, the investigation showed that after Lafuente jumped over the perimeter wall, he was shot by Cortes as evidenced by a 9mm FCC found underneath the ground where Lafuente was lying dead. The cross matching examination revealed that the 9mm FCC matched with and was fired from the firearm of Cortes.

Meanwhile, the panel of prosecutors dismissed the perjury charge against the respondent-lawmen because the inconsistencies in their affidavits were not shown to be “false and made with willful and deliberate assertions of falsehood,” which was an essential element of the crime.

The information for murder and planting of evidence will be filed at the Regional Trial Court, 13th Judicial Region, Surigao del Norte.