THE PASAY City police have recommended the filing of murder charges and an administrative complaint against two of its men who killed drug suspects Jaypee Bertes and his father, Renato, inside their headquarters on July 7.

Chief Insp. Rolando Baula, head of the Station Investigation and Detective Management, said the recommendation against PO2 Alipio Balo Jr. and PO1 Michael Tomas would be forwarded to the Special Investigation Task Group “Bertes” created by the Southern Police District.

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According to Baula, they could not yet file a case in court as the victims’ relatives refused to cooperate with their investigators, apparently fearing a whitewash.

Instead, Harra Kazuo, Jaypee Bertes’ widow, went to the Commission on Human Rights (CHR) for help.

In an investigation report obtained by the Inquirer on Tuesday, the Pasay police said Balo and Tomas may have violated the standard operating procedure in handling persons in custody.

Why kill them inside HQ?

Case investigators SPO2 Ricardo Mallong Jr., PO3 Lorene Osias and PO3 Mario Golondrina also discussed in the report whether the Berteses were victims of extrajudicial killing or if the policemen were just defending themselves.

“If indeed the said police officers deliberately executed father and son, why do they need to kill the duo inside the headquarters instead of killing them outside the station?” the report noted, adding that other inmates could not attest that the shooting was done deliberately.

Considering that there were no impartial witness to corroborate the police officers’ claim of self-defense, the allegations could be weighed in a full-blown trial, the report said.

According to the report, the Berteses were accosted for illegal gambling (cara y cruz) on the street on July 6. When frisked, they yielded sachets of “shabu” and were referred to the Station Anti-Illegal Drugs Special Operations Task Group (SAID-SOTG).

Kazuo, however, claimed that Jaypee Bertes was arrested without a warrant during a raid because he was said to be on the police list of drug pushers. Fearing for his son’s life, Renato accompanied him to the police station.

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CHR probe

The two underwent drug tests the following day and were shot as they were being escorted back to the SAID-SOTG detention cell.

Balo claimed that as they were standing in the corridor waiting for the key to the cell, he removed the suspects’ handcuff and that was when Renato tried to grab his gun. Balo said he shot Renato as they were grappling for his firearm. This enraged Jaypee Bertes who attacked him, prompting his partner, Tomas, to shoot the victim.

The CHR is wrapping up its investigation on the shooting and will soon come up with a resolution to be forwarded to the Department of Justice and the National Police Commission, CHR National Capital Region Director Gilbert Boiser told the Inquirer.

Boiser said they were just waiting for the autopsy results and forensic examination conducted by their doctors.

He welcomed the recommendation to charge the two policemen, saying “we will complement it (police investigation report). If they need the testimony of the complainants to file the case, we’ll help them,” he said.

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