MANILA, Philippines – The Department of Justice’s (DOJ) panel of prosecutors upheld the junking of a complaint against police accused of killing an activist couple during “Bloody Sunday” operations in March 2021.

In a resolution dated May 29, but made public on Friday, July 21, the prosecutors junked the motion for reconsideration against the resolution that dismissed the murder complaint against cops tagged in the killing. The motion was denied for lack of merit, the DOJ prosecutors said.

The police respondents are as follows:

• Lieutenant Colonel Joseph Tan Nandu Jr.
• Lieutenant Arjay Santos
• Master Sergeant Rafael Roque
• Master Sergeant Mark Tolentino
• Staff Sergeant Elvern Cacatian
• Staff Sergeant Rodel Sillacay
• Staff Sergeant Edgar Brinas
• Corporal Aldrin Gabrillo
• Staff Sergeant Allen Lugue
• Patrolman Julio Bautista
• Patrolman Ray Boom Boom Dalingay
• Patrolman Grizzly Paras
• Patrolman Rogelio Ninolla
• Patrolman Ruel Tentoso
• Patrolman Rich John Melniel Tumacder
• Patrolman Renzo Santos
• Patrolman Mark Lester Padul

The motion, dated May 2, 2023, was filed by Rosenda Lemita, mother of Ana Mariz “Chai” Lemita-Evangelista, and Ariel Evangelista’s mother-in-law. Lemita’s motion came after the prosecutors junked the complaint against the cops in March this year due to insufficiency of evidence.

In its resolution, the panel of prosecutors said the motion for reconsideration did not show any argument that will push for the reversal of the DOJ’s earlier decision.

“The complaint did not sufficiently prove conspiracy, but merely relied on a baseless assumption that the Philippine National Police (PNP) conducted its operations specifically to kill spouses Evangelista. Complainant only alleges that ‘Spouses Evangelista were targeted pursuant to a virtual kill list under COPLAN ASVAL,” the resolution read, adding that no evidence was submitted to support the claim.

The prosecutors said that the police’s pre-operation briefing, where the execution of warrants had been planned, supported the “legitimacy of the police operation to implement the search warrants and not simply a conspiracy to kill spouses Evangelista.”

Since there was no conspiracy, according to the panel, the complainant failed to establish who actually killed the couple. What was only proven were the bullets recovered from the couple’s bodies, but the ownership of the bullets was not identified.

“The findings of the panel are consistent with the pieces of evidence at hand. Those assumptions, which are not evidence based, posited by complainant Lemita in her Motion for Rèconsideration, cannot be taken against respondents,” the prosecutors added.

On March 7, 2021, nine activists were killed by the police during their simultaneous operations in Southern Luzon – including on the Evangelista couple. At least six activists were also arrested by the authorities during the operations. (READ: Leaders lost: The 9 activists killed by Duterte gov’t on ‘Bloody Sunday’)

In January 2022, the National Bureau of Investigation (NBI) pushed for the murder complaint against the cops after the NBI had found that the police officers and personnel had a “deliberate intent to kill.” Earlier this year, in January, the DOJ also junked the murder complaint filed against cops over the death of labor leader Manny Asuncion. – Rappler.com