Bail denied for 3 cops accused of killing Spanish businessman in Duterte’s drug war

The cops are suspects in the killing of Spanish Diego Bello Lafuente in 2020 — a case where the Philippine National Police used the ‘nanlaban’ narrative

MANILA, Philippines – A Manila court has denied the bail petition filed by three cops who are suspects in the killing of a Spanish businessman at the height of former president Rodrigo Duterte’s drug war.

“WHEREFORE, premises considered, the subject Petitions/Motion for Bail filed by accused PCpt. Panuelos (Police Captain Wise Vicente Panuelos), PSSg. Pazo (Police Staff Sergeant Ronel Pazo) and PSSg. Cortes (Police Staff Sergeant Nido Boy Cortes) are hereby DENIED for lack of merit,” read the May 27 order signed by Manila Regional Trial Court (RTC) Branch 1 Acting Presiding Judge Mary Jean Cajandab Ong.

Rappler obtained a copy of the decision on Saturday, June 14. Panuelos, Cortes, and Pazo were the suspects in the killing of Spanish businessman and surfer Diego Bello Lafuente in Siargao on January 8, 2020.

Lafuente was accused of being involved in the illegal drug trade, but his loved ones denied this allegation. The businessman was killed during an anti-drug operation in 2020 in what police claimed a shootout but the results of a forensic examination disproved this claim.

Around 30,000 were killed under Duterte’s drug war, according to human rights groups tallies. This anti-drug campaign is one of the grounds in the former president’s ongoing crimes against humanity case at the International Criminal Court.

Bail or temporary freedom is granted to an accused when the evidence of guilt is weak or not strong. In the case, Acting Presiding Judge Ong ruled that the evidence of guilt against the three cops was strong because the testimonies presented by the prosecution during the bail hearing established a prima facie (based on first impression) case against the accused.

According to the judge, it was undisputed that Panuelos, Cortes, and Pazo were all present when the incident happened because they had sworn to have been part of the supposed buy-bust operation against Lafuente. The judge was also not convinced — at this point — that there was indeed a shootout between Lafuente and the cops.

Although it’s a fact that the Spanish businessman’s hand and the .45 caliber gun that he supposedly fired both tested positive for gunpowder nitrates, the court said the National Bureau of Investigation’s report — substantiated by documentary, substantial, and forensic evidence — proved that his death was not caused by an armed encounter.

In addition, Acting Presiding Judge Ong said there were also relevant factors that “convincingly negated the theory of an ‘armed encounter.’”

“All told, the prosecution was able to prove that evidence of guilt against all accused is strong. At this point, the defense that Lafuente fired at the accused in the course of a buy-bust operation and that the latter retaliated to secure their safety remains a mere version of the accused,” the judge added.

‘Nanlaban’ narrative

Department of Justice prosecutors found probable cause in March 2022 and filed charges against the three cops for murder and planting of evidence. These cases are both punishable by reclusion perpetua (up to 40 years) when committed by public officers or employees.

A succeeding warrant was issued against them, but the cops were “nowhere to be found.” The Commission on Human Rights and some European lawmakers slammed the delays in the case until the three cops finally surrendered to the authorities in February 2023.

Panuelos, Cortes, and Pazo all pleaded not guilty during their arraignment. From Surigao del Norte, the cases were later transferred to the Manila RTC.

Lafuente’s killing is the latest drug war-related case with the possibility to exact accountability from cops who allegedly erred under Duterte’s drug war. Similar to other cases, Lafuente was a victim of the “nanlaban” (fought back) narrative used by the Philippine National Police (PNP) to justify the killings of alleged suspects in the former president’s anti-illegal drug campaign.

“We are relieved that the Court has seen what we have been saying all along — that forensic evidence in this case has debunked the ‘nanlaban’ narrative of police operatives during the war on drugs. We shall proceed to present more evidence to secure conviction and attain justice for Diego Bello,” Abdiel Dan Elijah Fajardo, one of the Lafuente family’s legal counsels, told Rappler.

In Lafuente’s case, the cops claimed that an asset had reported buying cocaine from the businessman, then the buy-bust operation followed. However, the PNP Crime Lab’s report showed that Diego’s urine specimen tested negative for drugs. He was also not on the local drug list.

If Lafuente’s family and counsels secure a conviction in the case, this would only be the fifth victory of drug war victims among the thousands killed in the name of Duterte’s anti-drug campaign. The handful of convictions include the conviction of cops in the killing of 17-year-old Kian delos Santos and the guilty ruling for murder, torture, and planting of evidence in the case of teens Carl Arnaiz and Reynaldo de Guzman. – Rappler.com