By Modesto P. Sa-onoy
Yesterday we raised the question of why P/Lt. Fermin Pula did not look into the contents of the black bag that Manuel Mancia, the boom truck driver was carrying. The complainants claimed that “had Pula done so, he would have discovered that the black bag, which Mancia was holding at the time of his arrest, contained a gun and several ammunitions.”
This is a serious mistake that a policeman much less a police lieutenant could commit when he was in the custody of a suspect in an attempted murder and with witnesses to boot. For failing to do what is standard procedure either Pula was simply ignorant (unlikely) remiss or a co-conspirator in the claimed attempt to kill Emily Yanson.
Compounding the series of mistakes or planned responses or even as a result of panic for an unforeseen situation, the Police Blotter Report “is also bereft of any entry recording the participation of respondents Ilonggo, Hucalinas and John Doe 1.”
The conspiracy to kill does not seem a theory in this series of police blunders.
After narrating the facts the complainants argued their case citing the provisions of law defining “murder” and the penalty of perpetual imprisonment or death, but the latter is not possible since the Philippine laws have no provision for death penalty.
There are several elements or “attendant circumstances” in this crime that the affidavit also cited like “treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity; in consideration of a price, reward, or promise.” There are other circumstances that I think were not present in this case, like earthquake, poison, fire, etc.
However, what looks clear in this attempt is another element – evident premeditation. The actuations of the VTI employees and the police officers, whether present or elsewhere involved in the attempt, appear premeditated.
Thus the complainants pointed out that there was “cruelty, by deliberately and inhumanly augmenting the suffering of the victim.” Ramming down the victim with the monstrous vehicle is indeed a deliberate cruel act that can cause “suffering” even after the incident. Consider how a person being run over by a truck would feel and then realize the pain it would cause not only to the victim but to the family.
The accusation lodged against the respondents, in this case, is “murder” because, complainants say “the conspirators have deliberately employed and used the boom truck (a motor vehicle) in carrying out their grand conspiracy or criminal designs.
“There is also the presence of evident premeditation as there was a significant and substantial lapse of time from the time Mancia made its first temporary stop about 5 to 6 meters away from where Complainants and several other VTI employees, made several and loud engine acceleration before finally charging towards Complainants and several VTI employees.
“Moreover, and from the narration of facts, it seems pretty apparent that the involvement of several individuals, including high ranking officers of VTI, who are all identified with the rival group of LRY reveals unmistakable pattern and carefully planned conspiracy of a grand scale.
“This view is further buttressed by the view that there exists abundance of evidence showing the participation and complicity of high-ranking members of the Bacolod City PNP and of the CIDG, Regional Office 6.
“In addition, that the boom truck charged at the exact moment that EW went out of the main office could not have been due to sheer coincidence, but rather, it was because the rival group have posted several lookouts within the vicinity, who then gave the go signal for the boom truck to charge.”
Clearly, Emily was the target but for the presence of mind of her loyal employees and God’s protection, the masterminds would have succeeded.
The case has been filed and the respondents will have their chance to rebut. As usual, I am open to present the respondent’s side of the story properly sworn in. And maybe we will also be able to secure a copy of the prosecutors’ findings.
What is missing, though is the mastermind in this attempt but the trial will unmask the people who will benefit from the elimination of Emily Yanson.
