The true cause of death according to the autopsy report
CRIME
Murder, defined and penalized under Article 248 of the Revised Penal Code, as amended.
TIME AND PLACE OF THE COMMISSION OF THE CRIME:
October 30, 2013 inside the municipal police station of Senator Ninoy Aquino, Sultan Kudarat Province;
HOW COMMITTED:
On October 30, 2013 at about 4:00 o’clock in the afternoon victim RICO BIBANCO was arrested and conducted to the municipal police station by a team of policemen led by SPO1 Nicolas Celeste, patrol team leader. The victim was reportedly creating trouble in the poblacion and even resisted arrest. He was under the influence of intoxicating liquor.
At the police station, while his case was being processed by the desk officer, the victim went berserk and assaulted the complainant, ANTONIO MORALES, and attempted to choke him. He was subdued by the policemen and placed inside the lock-up cell. A few minutes later, the victim was found dead.
The policemen alleged that after the victim was placed inside the lock up cell he kept banging his head against the iron grills of his cell. They told him to stop and a few minutes later they heard silence and when they went to check on their prisoner they discovered him hanging on the wall with one end of his shirt anchored against the ventilation grill of his cell and the other end tied around his neck. They then photograph [sic] the victim while still hanging on the wall with his shirt around his neck.
But the evidence gathered by Dr. Ricardo Rodaje, NBI Medico Legal Officer, who conducted the autopsy on the cadaver of the victim tells a different story. Based on the injuries found on the victim’s cadaver Dr. Rodaje theorized that the victim was first struck on the head several times with a blunt object causing him to suffer TRAUMATIC HEAD INJURIES and when he fell unconscious they hanged him using a rope or cord with width ranging from 0.5 cm. to 1.4 cm. and to make it appear that he committed suicide they replaced the cord or rope with his shirt. The victim was still alive when he was hanged, thus the cause of his death is: ASPHYXIA BY HANGING; TRAUMATIC HEAD INJURIES.
In the absence of direct testimony we resorted to circumstantial evidence to determine the author of the crime and their motive in killing the victim.
Circumstantial evidence points to the policemen on duty in the police station, at the time of the incident, as the perpetrator of the crime because the victim was under their custody and detained in the police lock-up cell, and they are the only ones who have access to his cell.
But what drove the policemen to kill the victim?
It can be inferred from the evidence gathered (Police Blotter and Spot Report) that the victim was under the influence of intoxicating liquor and even resisted arrest when he was apprehended by the police team led by SPO1 Nicolas Celeste while causing trouble in the Poblacion. He destroyed the personal property of complainant ANTONIO MORALES and when he was already at the police station he disregarded the presence of the policemen and went berserk and assaulted the complainant right infront of the desk officer. He was subdued and brought inside the lock up cell.
His actions infuriated the policemen that they started beating him by hitting him on the head with a blunt object, he tried to parry the attack causing him to sustain hematoma on his left wrist. His attackers were so strong they held him tightly to prevent him from employing any defense, his attacker’s tight grip caused their finger tips to leave a deep mark (hematoma) on his arms.
Thinking that he was already dead they hanged him using a rope and to make it appear that he committed suicide they replaced the rope with the victim’s shirt.. [sic]
The deep marks (hematoma) found on the victim’s arm indicate that one person was holding him while another was hitting him on the head after he fell unconscious they carried his body and hanged it. This act could not be accomplished without the accent [sic] of all the policemen present.
The policemen above-mentioned were on duty at the time of the incident. they [sic] were issued subpoenae duces tecum to explain their side of the controversy to exclude those who were not present at the time of the incident but they all opted not to submit their counter affidavits until the case is filed in the prosecutor’s office, hence all those listed in the duty detail are recommended for prosecution.
In support of our recommendation are the following eveidences, [sic] to wit:
A – Case Assignment Sheet
B – Sworn Complaint Sheet of Virgilio Bibanco
C – Request for investigation
D – SS of Virgilio S. Bibangco [sic]
E – SS of Erna Capulso
F – Death Certificate
G – Autopsy Report No. SARDO No. 2013-11
H – Memorandum of Atty. Angelito Magno for Sr. Supt. Rex Dela Rosa
I – Letter to Chief of Police of SNA, SK
J – Memorandum of OIC, SNA Police Office, SK for Acting Director NBI
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