CHR-7 steps in

WOUNDED COP. Cebu Gov. Hilario Davide III (right), accompanied by Cebu Provincial Police Office director Supt. Edgar Alan Okubo, center), pays a visit to wounded cop PO2 Aristeo Tampus of the San Fernando Police Station on Tuesday, Feb. 6, 2018, at the South General Hospital in Naga City.

‘OVERKILL’ OF A DRUG SUSPECT

HE received numerous praises and will be honored for his “bravery.”

But PO2 Aristeo Tampus, the 33-year-old policeman who was shot on his left arm by a suspected drug pusher before retaliating with successive gunshots that killed his target, won’t escape the scrutiny of the Commission on Human Rights in Central Visayas (CHR-7).

The commission on Tuesday decided to step in and investigate the circumstances behind the killing of drug suspect Benjamin Acero Jr. whose body was riddled with at least 13 gunshot wounds following a drug bust in Barangay South Poblacion, San Fernando town, south Cebu, on Sunday evening.

Although Acero’s family has not filed any complaint yet, CHR-7 Director Arvin Odron said they can conduct a probe motu propio (on its own).

“Even without a complainant, the commission can start its own investigation. The standing policy of the office is to look into and investigate all deaths of individuals in the hands of the authorities to ensure that there are no abuses in the enforcement of the laws,” he told Cebu Daily News.

Odron, however, said it would be better if the family of Acero will file a complaint at the CHR-7 to make formal their statements.

“Getting shot 13 times is too much. Even the Supreme Court, in a lot of cases, ruled that we should not tolerate (a) happy-go-lucky nature of law enforcement because it endangers the lives of innocent people,” he said.

No complaint
Sought for comment, Acero’s elder sister Ruth said they have no plan to seek the CHR-7’s help or file a complaint before any agency even if they believed that the killing of their brother was an overkill.

“Una, wala mi kuwarta. Ikaduha, dili na mabalik ang kinabuhi sa among igsoon. (First, we have no money. Second, my brother is dead and is never coming back),” she said in an interview.

Acero, who was only recently identified as a drug peddler operating in San Fernando town, was the subject of a drug bust involving at least four policemen.

When Acero noticed that he was transacting with an undercover agent, he allegedly immediately grabbed Tampus’ service firearm and shot the policeman on the left arm before he fled.

Tampus, although wounded, managed to go after Acero and shot the 27-year-old drug suspect at least 13 times.

‘Morale booster’
For his feat, Tampus will be conferred a Medalya ng Sugatang Magiting or the Wounded Personnel Medal to recognize his policeman’s bravery in neutralizing Acero.

The award will be conferred by Chief Supt. Robert Quenery, the director of the Police Regional Office in Central Visayas (PRO-7).

Cebu Gov. Hilario Davide III on Tuesday also visited Tampus for about 30 minutes at the South General Hospital in the City of Naga, south Cebu.

Oscar Pineda, public information officer of the Cebu provincial government, said Davide handed over a cash assistance to the wounded policeman although the governor did not disclose the amount.

Senior Insp. Adrian Nalua, chief of the San Fernando Police Station, expressed gratitude to Davide for supporting Tampus.

“What the governor did was sort of a morale booster on our part. We’re thankful to him,” he said.

Right move
Senior Supt. Edgar Alan Okubo, director of the Cebu Provincial Police Office, defended Tampus, saying the police officer made the right decision to neutralize Acero.

“He (Tampus) didn’t have any option. The subject was stronger and bigger than him. In fact, we learned that Acero kept on taunting PO2 Tampus saying ‘Humana ka? Ako na pud. (Are you done? It’s my turn now),” he said.

“Acero kept on assaulting our policeman. He (Tampus) was in danger. At that moment, it was his call to preserve his life,” he added.
Okubo also justified Tampus’ use of excessive shots in neutralizing Acero.

“The gun Acero used was a 9mm. Some persons could take the bullets from that firearm especially if they are drunk or have used illegal drugs,” he explained.

Okubo said they nonetheless welcome the investigation conducted by the CHR-7 if only to determine the truth.

“They could investigate the circumstances of the incident. We are transparent. We’re ready to be investigated,” he said.
Okubo said the death of Acero won’t likely be the last in the war against illegal drugs.

“We just could not avoid bloodshed. There can be similar operations later. That is why we’re asking drug suspects to never resist arrest violently, because we, policemen, will always defend ourselves,” he said.

“We keep reminding drug users and pushers that the police will always enforce the laws. The government has given them the option to surrender and undergo rehabilitation. If they continue their illegal activities, the long arms of the law will go after them,” he added.

Investigation process
As part of the investigation, Odron said they will ask the San Fernando police to submit an incident report of what happened.

He said they will also look for other evidence that are related to the case.

From there, he said the CHR-7 will request Tampus and the other policemen who were involved in the operation against Acero to explain what happened.

“We will investigate the whole team because the testimony of one may lead to the culpability of the other members of the team,” Odron said.

Since President Rodrigo Duterte won in May 2016, the CHR-7 has been investigating at least 71 cases of alleged extrajudicial killings in Central Visayas, said chief investigator Leo Villarino.

Of the number, six cases involving either policemen or operatives of the Philippine Drug Enforcement Agency were elevated to the Office of the Ombudsman.

All these cases remain pending at the anti-graft office.

CHR’s mandate
Odron stressed CHR-7 has to do its role in making sure that human rights, including that of suspected criminals, are protected.

“This is consistent with the human rights standards that no person, including the State, has the power or authority to take away the rights of a human, especially, the right to life,” he said.

“It is not fair that when the civilian is accused of an offense, the government will utilize its resources to pin down the person. But if the state, through the law enforcement sector, happens to take the life of an individual, the government turns permissive and in fact criticizes the conduct of an independent investigation by the CHR,” he added.