SENATOR RAFFY TULFO (RT): Maidagdag ko lang, Mr. President, your Honor, ang sina-suggest ko rin on a yearly basis. Kailangan sumailalim ‘yung ating mga pulis sa tinatawag na neuropsychiatric exam at random drug test. Kasi nga ang nangyari ngayon minsan lang sila mag-neuropsychiatric exam and then after that go na sila, libre na sila. Kasi puwedeng pumasa sila noong time ng kanilang recruitment, pero after a year or two, nagbago ‘yung kanilang situation because of anxiety, stress sa trabaho, pagod, so doon na pumasok yung pagkakaroon nila ng topak sa ulo. So kapag regular ang kanilang pag-undergo ng neuro psychiatric exam, mahuhuli po ‘yon, masasala sila, so puwede muna sila pagpahingahin at magamot.
CHIZ: Mr. President.
SENATOR JUAN MIGUEL ZUBIRI (JMZ): Yes, Senator Escudero.
CHIZ: May I make a brief manifestation so as not to belabor the point, given that Senator Villar will be sponsoring? I just want to take advantage of my rare presence in plenary. Mr. President, I subscribed—
JMZ: Let it be based on the record, Mr. President.
CHIZ: I subscribed completely to the statements in the speech of Senator Tulfo and I join him in his desire for justice for the victim and in calling out not only the policemen involved but the entire Philippine National Police. What struck me, Mr. President, was the statement made by the good gentleman with respect to “magkabaro kasi at pinoprotektahan nila ang mga sarili nila.” Mr. President more than the neuro, I think the leadership of the PNP, the DILG, and even the DOJ should set the tone in so far as making these police officers accountable. If only to make them as examples that the basic rules on engagement as it applies to civilians also apply to members of the Philippine National Police. They can only shoot and fire upon and even kill someone in self-defense only. Hindi porke’t kriminal, nagnakaw, may pinatay, may ginahasa, nakita mo naglalakad palayo kahit gaano kalala ‘yung krimen niyang ginawa ay puwede mo ng barilin at patayin kung wala namang panganib sa buhay mo mismo nung tinatangka mong huliin o habulin siya.
Sa kasong ito, kung hindi ako nagkakamali, Ginoong Pangulo, nasa laot ‘yung binaril nila, wala namang hawak na armas, malayo sa kanila at ni walang panganib sa buhay nila. Makatakas na kung makakatakas, pero hindi sila pinapayagan ng batas na putukan lalo na barilin at patayin. The rules of engagement are quite clear and I do not understand why Philippine National Police members whatever rank, whenever they entered, whether they pass the neuro or not, cannot understand that and put that in their thick heads. They should try to arrest but if he escapes and runs, hindi niya puwedeng putukan kahit sa paa para madapa at mahuli niya because still there was no threat to his life that he needed to defend himself.
The reason, Mr. President, why we gave our law enforcement personnel guns was not to shoot anyone who they think is guilty of a crime, only a judge can decide that. The purpose and reason why they have guns is to protect themselves and to protect the civilian population from violent criminals. It is not a license to shoot anyone that they think is either guilty even if he is actually guilty of having committed a crime.
During the budget deliberations, I will join the distinguished gentleman in asking for accountability from the PNP, not only the PNP, also the DILG, also the DOJ especially in so far as the kind and nature of the offense or crime they will be filing against these police officers. It cannot be merely the abandonment of a victim for sure, Mr. President, Your Honor. It cannot be merely a violation of PNP’s standard operating procedures and protocols. This is either homicide or murder and nothing prevents the prosecutor evaluating this case in preliminary investigation from filing a case for murder because it can always be lowered to homicide, but filing a case for homicide can never be elevated to murder.
Filing a case, Mr. President, for a similar act of abandoning a victim cannot be elevated to murder anymore. A safer recourse on the part of the DOJ would be to file the higher offense because anyway the policemen can be convicted of a lower offense, should the evidence point to the lower offense. I submit, Mr. President, and I thank the gentleman for the time he allocated to me.
RT: Thank you for your manifestation, your Honor, Mr. President. Thank you.