SC junks murder raps vs. 17 cops in 2016 drug operations, affirms homicide vs. 4

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The Supreme Court has dismissed a petition filed by a widow that sought murder charges against 21 police officers in connection with the death of her husband and son during a buy-bust operation in September 2016.

In a 22-page decision promulgated in October 2023, the Third Division dismissed widow Mary Domingo’s petition, but affirmed a ruling of the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (OMB-MOLEO) that found probable cause to charge four cops with two counts of homicide.

The OMB-MOLEO also found the four cops guilty of grave misconduct and gave them a one-year suspension from service without pay.

Meanwhile, five officers were found guilty of simple neglect of duty and were suspended for one month while 11 others were dismissed from service.

“The Court finds that the OMB-MOLEO’s determination of probable cause was consistent with the basic precepts of criminal law and based on the evidence presented during the preliminary investigation,” it said.

“Thus, the assailed Joint Order and Joint Resolution were not tainted with grave abuse of discretion as there was no indication that these were issued capriciously, whimsically, arbitrarily, or in a despotic manner,” it added.

In March 2017, Domingo filed a complaint before the Ombudsman against the officers for robbery, two counts of murder, gross misconduct, grave abuse of authority, gross oppression, and conduct unbecoming of a public officer.

According to Domingo, a group of armed police officers barged into their home on September 14, 2016 and went to the second floor.

She said she and her children were forced to go downstairs. When she looked back, she said she saw her husband on his knees with guns pointed at his head while her son pleaded with the police officers.

According to Domingo, she heard several gunshots later.

She also denied that her husband and son were involved in the drug trade.

Meanwhile, the police officers said the two suspects fired at them.

In its ruling, the SC said there was no clear and convincing evidence that the police operation was conceived to kill Domingo’s husband and son.

“Petitioner’s contention that the killings were attended by evident premeditation is totally bereft of merit,” the SC said.

“The mere fact that the killings were committed by police officers during a planned police operation does not by itself constitute prima facie evidence of evident premeditation,” it added.

The SC also noted that Domingo admitted that she did not witness the shooting.—LDF, GMA Integrated News

This article SC junks murder raps vs. 17 cops in 2016 drug operations, affirms homicide vs. 4 was originally published in GMA News Online.