MANILA - Policemen facing charges over the twin killings of 19-year old Carl Angelo Arnaiz and his companion, 14-year old Reynaldo “Kulot” de Guzman, want the Department of Justice to order an ocular inspection of the area along C-3 Road where Arnaiz allegedly exchanged gunfire with them.
Police Officers 1 Jeffrey Perez and Ricky Arquilita, through counsel, argued the said ocular inspection “would show that it would be impossible for the complainants’ witness to be there (crime scene), his standing is quite far from the scene.”
Alias “Joe Daniel,” the “star witness” in the double murder, torture, and planting of evidence case filed by spouses Carlito and Eva Arnaiz, and Gabriel and Lina de Guzman, alleged he witnessed Arnaiz’s shooting on August 18, right after he left a friend’s house in Bagong Barrio, Caloocan City.
Arnaiz was last seen alive on August 17; his body was found at a morgue 10 days later.
As for De Guzman, “Joe Daniel” alleged he saw Arnaiz’s younger companion, still alive, at the back of respondents’ police mobile patrol car.
De Guzman’s body was recovered in Gapan, Nueva Ecija 20 days after he and Arnaiz were last seen alive.
Public Attorney’s Office (PAO) chief Atty. Persida Acosta opposed respondents’ plea for occular inspection, explaining it was unnecessary in a preliminary investigation.
“That (occular inspection) is evidentiary in character. That can be lodged before the proper court. What we want is an expeditious disposition of this case… we are just here for the determination of probable cause,” Acosta told the DOJ investigating panel, composed of Senior Assistant State Prosecutor Ma. Emilia Victorio, and Assistant State Prosecutors Gilmarie Fe Pacamarra and Alejandro Daguiso.
The panel directed respondents to put in writing their plea; the motion will be duly resolved.
During Monday’s hearing, Mr. and Mrs. Arnaiz also subscribed to their reply affidavit, while Atty. Acosta manifested Mr. and Mrs. De Guzman are adopting the same. The De Guzmans were not present in the hearing for health reasons.
Respondents have up to October 26 to submit their rejoinder affidavits.
The panel warned respondents that submitting additional evidence and witnesses’ affidavits in their rejoinder may already be “too late,” as these should have been included in their submission of
counter-affidavits. This, after respondents told the panel they may include these additional evidence in their rejoinder.