The Department of Justice (DOJ) has found probable cause to indict the policeman who shot dead a 52-year-old mother and her 25-year-old son at point-blank range in Paniqui, Tarlac, on Sunday, Justice Secretary Menardo Guevarra said Monday.
Video of the shooting taken by an eyewitness sparked public outrage after it was posted on social media.
After an inquest, the Office of the Provincial Prosecutor of Tarlac found probable cause to charge the respondent, police Senior Master Sgt. Joel Nuezca, for two counts of murder, for the deaths of Sonya Rufino Gregorio and her son, Frank Anthony, Guevarra said.
No bail has been recommended for the accused.
President Rodrigo Duterte ordered authorities to make sure Nuezca remains in jail.
In a televised briefing on Monday night, Duterte said the shooting incident was too brutal.
"From the time you are arrested up to the time that you are haled to court… walang bail ka. Pag nahuli, diretso diresto na yan and I don’t think that you can escape the rigors of justice because nakuha sa TV pati ako napanganga," he said.
Senator Christopher “Bong” Go showed Duterte the video on a smartphone, a photo released by the lawmaker showed.
The Department of Justice earlier vowed to that justice would be served for the murder of the mother and son.
Guevarra said he was “disturbed” by the incident.
"The DOJ will closely monitor developments in this case and ensure that justice is done," Guevarra said.
Nuezca, 46, detailed at the Parañaque City Police Crime Laboratory Office, surrendered in Rosales, Pangasinan, hours after the shooting, said Bgen. Valeriano De Leon, Central Luzon police director.
Investigators said Nuezca went to the house of the victims after hearing an explosion caused by a “boga,” and improvised cannon made of PVC pipe usually used during New Year celebrations.
Police said Nuezca and the victims had a previous altercation regarding right of way and the issue resurfaced during the confrontation. As the mother tried to hold back her son, the police officer shot both of them twice in the head.
The police report said the victims were shot at point-blank range.
Before the fatal shooting, De Leon said Nuezca confronted the younger Gregorio who was playing with a "boga." The victim reeked of alcohol and was unruly, police said.
De Leon condemned the shooting and guaranteed there would be no whitewash.
“Any infraction or wrongdoing committed by any member of the PNP will never be tolerated,” De Leon said. “We assure the public as well as the victims' families, of our total commitment to ensure that justice will be swiftly given to them.”
Malacañang on Monday vowed to give justice to the two unarmed civilians who were shot to death by Nuezca, who was off duty at the time of the shooting.
Presidential spokesman Harry Roque said the President will not tolerate such behavior and said Nuezca must be punished for his actions.
“Why would the President protect him? It (the shooting) was not service-related. It was a private matter. He’s a policeman and should pay for it,” Roque said.
He said the case would be treated as an ordinary murder case and would be investigated accordingly.
Nuezca’s daughter, as video of the incident showed, also witnessed the killings.
The Commission on Human Rights (CHR) said the shooting of the Gregorios reflected a pattern of violence involving policemen against hapless victims.
“The police force is expected to be disciplined, discerning, and professional,” said CHR spokesperson Jacqueline Ann de Guia. “The Philippine National Police ought to live by their motto of ‘To Serve and Protect.’ Each and every police is expected to protect our rights. As such, it is unacceptable when they are the ones…at the forefront of perpetuating such human rights violations.”
PNP and Department of Interior and Local Government officials described the incident as isolated case but they assured the public that justice will be given to the family of the victims, and that administrative and criminal cases will be filed against Nuezca.
DILG secretary Eduardo Año said "the shooting is an unfortunate but isolated incident."
"While there are unfortunate incidents like this, the vast majority of our PNP personnel perform their sworn duties everyday with honor and integrity to protect and serve the people. The sin of Nuezca is not the sin of the entire Philippine National Police. As we have seen during this pandemic, they place their very lives on the line as frontliners in our COVID response," he said.
Senator Panfilo Lacson, a former PNP chief, urged the police to show no mercy to Nuezca.
"They should spare no effort to make sure that he rots in jail. He's the last policeman that they need in the force," Lacson said.
As a policy recommendation, he said policemen should turn in their issued firearms to their unit's armorer or supply officer when on off-duty status.
He also said policemen should not be issued Permits to Carry Firearms Outside Residence (PTCFOR) while still in the active service.
Senate Minority Leader Franklin Drilon branded the shooting as "pure evil.”
"That devil who committed an evil act in front of his own daughter deserves to rot in jail. I have no words to describe his unspeakable act. He should spend Christmas and a lifetime in jail," he said.
“So long as the culture of impunity exists in the country, and whenthere is a system that rewards misdeeds instead of punishing them, police abuses and violence will continue. Impunity breeds trigger-happy cops,” he said.
Senator Francis Pangilinan said the incident was the result of condoning abusive and corrupt policemen.
Senator Nancy Binay called for a top-to-bottom value re-orientation of all law enforcement institutions to end the culture of impunity, police abuse, and undesirable practices.
Binay also called for a more rigid psychological evaluation alongside physical fitness tests of officers to ensure higher standards are enforced and scalawags are rooted out.
“Something is deeply wrong when you have both top cops and rank-and-file who flout the law,” she said.
The senator expressed her anger at what she said has been “a long list of transgressions” by the police.
“Rather than being the people’s assurance of law and order, lately many of our cops are becoming the face of terror and impunity, blatantly disregarding the rule of law and spitting on our values,” she said.
House Speaker Lord Allan Velasco denounced the shooting incident, saying it "highlights the need for the leadership of the Philippine National Police to remind its ranks on the proper and responsible use of their weapons and that they should, as much as possible, apply non-violent means at all times."
"We share the anguish that many feel about a mother and her son, who were shot dead by a police officer in Paniqui, Tarlac, over the weekend,” he said. “The public outrage over the incident is totally understandable."
"It is our fervent hope that the circumstances surrounding their deaths are investigated thoroughly and that justice is ultimately served. The culprit, Police Officer Jonel Nuezca, must not go unpunished,” Velasco said.
Other lawmakers also denounced the shooting.
"This is what happens when the 'kill, kill, kill' culture becomes prevalent and reigning supreme among the police and the millitary; this is the same system that also enabled this worsening state of impunity that is running amuck in our country today," House deputy minority leader and Bayan Muna Rep. Carlos Zarate said.
Assistant Minority Leader and ACT Teachers Rep. France Castro blamed the Duterte administration for what she described as the "worsening culture of impunity" among law enforcers.
"The Duterte administration's legacy is creating monsters that recklessly use their guns,” Castro said.
Castro said the Gregorio killing "is not an isolated incident."
"There is systematic and chronic abuse of power in the police and military that the Duterte administration cannot deny especially when 'shoot-to-kill orders come straight from the mouth of the commander-in-chief," Castro said.
Human Rights Watch condemned the killings.
“As with many incidents of recent police violence, the killing by Nuezca of Sonya Gregorio and her son Frank was brazen and underscores the impunity that prevails in the Philippines,” said Phil Robertson, deputy Asia director at HRW.
“It took place in the context of an enabling environment for police violence that President Rodrigo Duterte himself has encouraged,” he added.
Data obtained by GMA News Online from Police Brigadier General Valeriano De Leon indicated that Nuezca had faced grave misconduct (homicide) cases in May and December 2019. Both, however, were dismissed due to lack of substantial evidence.
In 2016, Nuezca was also slapped with serious neglect of duty after failing to attend a court hearing as prosecution witness of a drug-related case. The case was dropped and closed, De Leon said.
Less grave neglect of duty was filed against the Nueza in April 2014 for refusing to take a drug test. Records had shown that he had left the testing area without permission from authorities.
Due to his refusal to take the drug test, he was penalized with a 31-day suspension.