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Statement of CHR spokesperson. Atty. Jacqueline de Guia, on the death of an elderly couple and the suspect while in police custody

The Commission on Human Rights is already investigating the case of Carl Joseph Bañanola, who allegedly died after a gun scuffle with police escorts while en route to Camp Karingal.

Bañanola is also being identified as the main suspect for the death of an elderly couple, Nicolas Austria and wife Leonora, in Novaliches, Quezon City. This incident not only highlights the vulnerability of older persons caused by ageing when it comes to health, social protection, and other similar concerns, but also as targets of crime.

In service of justice, CHR will also look into the death of the said elderly couple as part of protecting the rights of vulnerable and marginalised Filipinos.

At the same time, there are questions about the death of Bañanola that also needs to be settled.

Citing news reports, Bañanola was inside a police vehicle when he asked to have his handcuffs loosen as they were too tight. The police escort obliged but acted on self-defence when Bañanola allegedly grabbed his firearm.

The Commission notes that, while the Philippine National Police (PNP) Manual of Operations allows the use of firearms in the face of imminent danger, the same manual prescribes the use of necessary and reasonable force under specific conditions.

In practice, cases of self-defence should be brought before our courts towards determining the validity of the circumstances that resulted to a persons death. Guilt is not automatically absolved by a “nanlaban” (fought back) alibi.

We welcome the statement of the PNP of the possibility of filing administrative and criminal cases should there be proof of irregularity in the suspect’s death.

To this end, the Commission believes that the truth behind what happened inside that police patrol is best determined through an honest and transparent investigation of the case. ###

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