Last Sunday, while most of us were enjoying the spoils of Christmas, double-murder suspect policeman Jonel Nuezca was languishing in jail and his family hiding away somewhere till who-knows-when. Imagine seeing through their eyes, for a second: the future looks grim.

Not too far away from his cell, his victims Sonya Gregorio and her son Frank Anthony were locked up, too – in a box, buried in the ground, and never for their families to be seen again. Even for a second, I wish not to see through their eyes.

The government has done its share of reflecting, and rightfully so. In a time plagued by COVID-19 deaths, joblessness, disasters, and uncertainty, nothing would have shocked us anymore. But this crime did. With eyes wide open in anticipation of Christmas, we bore witness to naked evil. And this one, in particular, wore a uniform.

No, I’m not going near the chorus of condemning the entire Philippine National Police (PNP) for the crime of one. But neither is this the time to sing “united we stand, divided we fall”.

I support Senator Ronald “Bato” dela Rosa’s proposal to institute regular neuropsychiatric tests and anger management sessions for PNP personnel. Having been a PNP chief, he’s no stranger to the psychological effect of carrying a gun to work every day, confronting peace and order issues, but not getting to fire it.

So, apart from regularly checking whether or not one who carries a badge is still fit for sporting a sidearm, I suggest shooting proficiency tests — not only for marksmanship — be made regular, too, as a form of releasing stress.

I understand if the good senator might be hurt or incensed by the voices of the opposition mouthing a slew of accusations against the PNP like “police brutality” or “culture of impunity”. The truth is, there are bad cops as there are tomatoes that rot in the fridge, and I agree that one does not fix it by throwing away the ref.

I’d love to believe Nuezca as “Exhibit X” is an “isolated case” and that Sen. Dela Rosa as “Exhibit A” is the rest of the cops in the PNP. But somewhere in between, there’s “Exhibit Q” like this police captain miles away in Catanduanes who thought Nuezca’s vilest fit of rage should “remind people to respect policemen”.

Yes, the PNP organization sacked Capt. Ariel Buraga from his post in the town remarkably named Bato, Mr. Senator. But it makes me wonder whether it was because of “what he said” on social media or “what he believed” in his heart because he’s taking that with him wherever he goes, along with his badge and gun and bullets we citizens paid for. Is he an isolated case, too?

“No culture of impunity in the PNP,” says Sen. Bato. I do want to believe so. Neighbors of every cop in this country deserve that as a truth, not as rhetoric.

Months before Nuezca fired his gun, Human Rights Commissioner Karen Dumpit warned that rhetoric from leaders, especially the highest authority, incited violence and “may have had the effect of encouraging, backing or even ordering human rights violations, with impunity”.

Dumpit said mere “utterances” could be construed as an order. The Commission on Human Rights’ message was simple: “Changing the language being used by leaders toward the PNP could be the easiest thing to do in implementing changes.”

Can’t we start there?

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SHORT BURSTS. For comments or reactions, email firingline@ymail.com or tweet @Side_View. Read current and past issues of this column at https://thephilbiznews.com

Just less than a week before Christmas, video footage of a shooting incident in Paniqui, Tarlac committed by a policeman against a mother and her son, sparked outrage across the nation. On December 20 2020, Policeman Senior MSgt. Jonel Nuezca, a police officer who was previously charged with homicide and multiple administrative cases, fatally shot his two neighbors, Sonya Gregorio and her son, Frank Anthony. In the video, it is seen how Nuezca, who was “off duty” at the time of the incident, tried to arrest Frank, with his mother Sonya protecting and trying to prevent her son from getting into an altercation with Nuezca. This escalated into an argument between the three. Despite the pleas from people who were begging and crying, Nuezca mercilessly shot Sonya in the head, then Frank twice. Nuezca’s daughter is also captured in the video, shouting “my father is a policeman”. Double murder charges were filed against Nuezca in a court in Tarlac, with no bail recommended.

In an Inquirer article dated on December 22 2020, Chief of Police Debold Sinas stated that the video of Tarlac murders are strong as evidence, but that the 16 year old girl who captured the same must be put on the witness stand and testify in order to make the case stronger. However, this view is erroneous and Sinas should brush up on his basic knowledge of the law. It is worth stressing that the case for the prosecution is not contingent on, and cannot be dependent on the presentation of the 16 year old girl as a witness. It is one way to authenticate the video footage, however, it is not the only one. Rule 11, Section 1 of the Rules on Electronic Evidence provides that audio, photographic, and video evidence shall be admissible, provided it shall be shown, presented, or displayed to the court, and shall be identified, explained, or authenticated by the person who made the recording, or some other person competent to testify on the accuracy thereof. The case of Sison vs. People provides that the admissibility of this kind of photographic evidence is dependent on how accurately it depicts the scene of the crime, and that the person who captured the photo or video is not the only person who can identify the shots taken. Photographs and videos can be identified by the photographer, or by any competent witness who can testify to its exactness and accuracy, as well as the circumstances under which they were produced. Although the video evidence is strong, there are also other evidence that can be presented to support the case for the prosecution. The people who saw the altercation can also be presented as witnesses who can testify that they personally saw the events depicted in the footage with their own eyes, and while it was taking place. They can also execute judicial affidavits and submit the same. More importantly, basic procedural rules would tell us that this is not the proper time to offer the evidence, as marking, offering, and presentation of evidence are three very distinct processes.

The Tarlac shooting incident is one of the many incidents of police brutality committed in the Philippines. It is only fortunate that this incident was recorded, so that the perpetrator of this heinous crime be tried, sentenced, and held responsible for his actions, and for justice to the victims be served. However, this begs the question – how many more incidents like these happen, but go unrecorded and unreported? Aside from Sonya and Frank, who else have been victimized by this cycle of state-sanctioned violence committed by police officers, who, ironically, are tasked to protect the nation’s citizens?

To show what kind of policeman he is, Nuezca’s record speaks for itself. He has had at least two homicide charges filed against him, which were both dismissed for lack of substantial evidence, as well as several administrative complaints, particularly for grave misconduct, serious neglect of duty, and less grave neglect of duty. The most grave punishment meted out to him was a 31 day suspension, which is a slap on the wrist. Had the PNP exercised due diligence, and had it been thorough with its investigation, Nuezca would have been dismissed from the service years ago, and Sonya and Frank would still be alive. While the criminal cases against him were both dismissed, the quantum of evidence required for the administrative case is still lower, and such would have been enough to find Nuezca administratively liable, which would have been sufficient to warrant his permanent dismissal from the service.

It is the primary responsibility of the Philippine National Police (PNP), the body tasked with law enforcement, to make certain that all its members live up to the standards imposed on them. However, when the members of the PNP and their leaders are the ones who condone, and even go so far as to perpetuate this state-sanctioned use of brute force against defenseless civilians, it breeds a harmful culture of impunity. When these acts are tolerated and continue to go unpunished, it only emboldens erring policemen to continue as the current status quo allows them to be able to get away with it. An example of this is the case of Debold Sinas, who was notorious for breaking quarantine rules with his mananita and mass gathering despite the prohibition on such, was promoted by no less than the President to become the Chief of Police.

The acting Chief of Police of Paniqui Municipal Police Station, seemingly siding with Nuezca, even commented on his behalf saying that Nuezca feels very remorseful and claims that he blacked out when an argument ensued between his daughter and Sonya. If this was not bad enough, the President described Nuezca as “may sakit ito sa utak,” implying that Nuezca was insane when he committed such gruesome acts. Both the acting Chief of Police of Paniqui Municipal Police Station and even the President, are either speaking for and on behalf of Nuezca or building up his defense. As officials whose departments play a big role in the investigation, prosecution, and protection of witnesses, it would be wise if they kept their opinions to themselves and refrain from justifying the acts of Nuezca, lest they be viewed as spokesperson for the accused, which in turn is tantamount to victim-blaming.

This sentiment is also reflected in PNP Chief Debold’s statement discouraging the taking of pictures and videos during crime incidents, even describing it as tricky because it can put them in danger. Rather than making excuses for the criminal’s actions, and preventing full prosecution for said crimes, Sinas should be and is expected to be the first to call for the investigation of the heinous acts done by his subordinates. This comment shows how ludicrous the policemen’s way of thinking has become. To say that taking video footage of crime scenes, and requiring the testimony of the 16-year-old girl who took the video not only manifests the ignorance of the law of the police but also their tendency to come to the rescue of their fellow man in uniform instead of using the full force of the law. If the PNP continues to make these kinds of statements, and make excuses for criminal acts committed by their colleagues, undoubtedly these senseless killings will happen again. No wonder there was not enough evidence to remove Nuezca from his post despite multiple administrative and criminal cases, because those who were supposed to call for his removal turned a blind eye to it. The case for Sonya and Frank is far from weak – in fact, it is Sinas’ redirect for the rule of law, underfunding of the law, and even knowledge of the law that is weak. If Sinas, the highest-ranking policeman in the PNP, does not know the procedure of properly introducing and authenticating video evidence, and limiting his options to only the minor and the video, perhaps he should attend a refresher course of the law and its processes. Because of his poor and limited understanding of the law, it will be unsurprising if many crimes go unpunished.

This is not a broad generalization that all cops are bad. In fact, there are genuinely good, trustworthy, and honest men and women in uniform, just like there are also bad people who can be on either side of the equation.

However, when you have a Chief of Police who does not care about government imposed quarantine rules and regulations and deliberately violates the same, coupled with cops convicted of killing innocent civilians like Kian delos Santos, Carl Arnaiz, and Reynaldo de Guzman; and a senior police officer with two previously dismissed cases of homicide and now facing a double murder, what does this give us? Bad policemen and an administration that condones extrajudicial killings – a recipe for disaster.

I think I speak for all the people when I demand justice for Sonya and Frank, full accountability of Nuezca, and for the application of the rule of law to its fullest extent, rather than the law of men which has been plaguing our society. As of the time of this writing, there is another reported incident of murder committed by the members of the police force. It is imperative that policemen stop blaming the victims of this state-sanctioned violence, and the use of brute force when there is no justification is one of the problems that should be addressed. Clearly, there is a need for reform with the police system, and there is an urgent need to start working towards giving the victims the justice they rightfully deserve. When police blame the victims of the unjust system, such only encourages and perpetuates this culture of impunity, and it is high time that an end be put to this.

Videos circulating online and being aired on TV showed the shooting happening in front of a child. 

UNICEF is deeply concerned for the well-being of this child whose photos are being circulated on social media platforms where she has been repeatedly vilified and verbally abused. Children have the right to be protected from all forms of violence, including bullying. The child is also a victim in this situation. We appeal to the public to refrain from using violent language and posting her photos and personal information. This only causes additional harm, trauma, and stigma to the child. 

Children also have the right to be supported through non-violent parenting practices and behaviors from adults to enable them to grow up in a safe environment and reach their full potential. Various studies have shown that children who are victims of and those who witness violence become vulnerable to physical and mental health problems, some of which will manifest when they reach their adulthood. 

We urge the Local Social Welfare and Development Office to provide psychosocial support and other needed child protection services to all children who witnessed the violent event. We encourage those who were traumatized or affected by the video and the incident to access mental health and counselling support services, such as the Philippine Red Cross hotlines at 143 or 1158, or the National Center for Mental Health crisis hotlines at 09178998727 and (02) 7989 8727. 

As a signatory to the Convention on the Rights of the Child, the Philippines is duty-bound to uphold the right of all children to be protected from all forms of violence, and their right to grow up in a safe and nurturing environment that develops their potentials and capacities.

UNICEF strongly urges the Philippine Government and the Philippine National Police to immediately adopt and implement the PNP Child Protection policy, which reinforces zero-tolerance for any act of violence against children and aims to ensure special protection of children from all forms of abuse and exploitation by providing policies and guidelines to be followed by all PNP personnel. 

Perhaps we’ve said all that needs to be said about the kind of human being that is Police Senior Master Sergeant Jonel Nuezca. I will try my darnedest not to douse gasoline onto public anger against him since it will not do any good at this point.

Nuezca, 46, destroyed three lives on Sunday. The two obvious victims were Sonya Gregorio, 52, and her son Frank Anthony Gregorio, 25. The cop first shot Sonya, who looked old enough to be his mother despite the slight age difference.

If he could snuff out a gray-haired woman like that so easily, then Frank was an even easier kill. With that said, the Gregorios are gone. May the delivery of justice be swift and severe.

We may yet save the third victim: I’m talking about Nuezca’s daughter, who witnessed the cold-blooded killing a few feet away. After Sunday’s killings, the girl might have lost her father’s physical presence. I dare say, with the kind of person her dad is, that it is for the best that she is weaned away from him.

She looked up to him and was proud of him – it’s evident in the video. That she accompanied her policeman father to the Gregorios’ residence to watch him straighten out some unruly, noisy neighbors speaks volumes of how much she holds him in high regard.

The unquestioned trust that a child places on his or her parents is a precious thing. In return, Nuezca taught his daughter Sunday that human life is really of no huge consequence; just squeeze the trigger to get rid of the nuisance. A lesson forever imprinted in the young girl’s mind unless meaningful intervention is done.

I don’t know how desensitized the young girl is from violence. The only one who can answer that is her mother. I ardently hope that the mom, if she is still blessed to have her parents around, would decide to send her daughter to their care for the time being. Forget about counseling from individuals she doesn’t even know. Intervention must come from within, given how tall a figure her father is in her life.

Let the grandparents – the gray-haired people within the family, like Sonya – assure the little one that empathy still matters, that Sunday’s events don’t have to define the kind of person that she will grow up to be, and that everything will be okay eventually.

It may very well be a challenging, tragic, slow reset for the child. But at least there’s a chance to undo all the psychological damage that has been done. For now, let’s all give her exactly that – a chance.

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SHORT BURSTS. For comments or reactions, email firingline@ymail.com or tweet @Side_View. Read current and past issues of this column at https://thephilbiznews.com