Altering evidence for cover-up, Atimonan killings

News peg: “Police fired fallen passengers’ guns in Atimonan shootout — NBI report xxx  Policemen involved in the January 6 bloodbath that left 13 people dead at a checkpoint in Atimonan, Quezon were seen firing the fallen men’s guns – ‘one by one into the air and other directions.’ “ 

Without prejudice to the filing of complaints/ charges upon a finding of prima facie case for any acts of premeditated killings or killings with treachery, or superior strength,  or with armed men,  or by weakening the defense of persons to afford impunity (murders, for each count) or homicide if not attended by any of the circumstances constituting murder, the following provisions are also pertinent for the acts of contaminating the crime scene, e.g.,  one count for each alteration of the evidence, i.e., one count for each firing of the weapons that are evidence or part of the crime scene (each count punishable with six years prison)

PD 1829, Obstruction. “Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:

xxx

“(b) altering, destroying, suppressing or concealing any …  object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases;

xxx

“(f) making, presenting or using any …  object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;

xxx

“(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.

“Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office. xXxx”

 

 

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