DUMAGUETE CITY – The Commission on Human Rights (CHR) in Negros Oriental is digging deeper into the circumstances behind the shooting of a man after he allegedly attempted to snatch the firearm of a policeman during an anti-illegal gambling operation in the southern city of Bayawan.
CHR-Negros Oriental provincial chief and special investigator Dr. Jess Cañete disclosed on Wednesday that he still has to get the affidavits of witnesses in the anti-illegal gambling raid – during which Salvador Moises, 48 years old, of Sitio Taysikan, Barangay Tayawan in Bayawan City was shot – before he summons the police officers in question to determine whether, indeed, the use of their guns was legitimate.
Cañete said Moises had sought the help of the CHR after he and another person, identified as Benny Tribajo, were arrested during a raid at a “hantakan” or cara y cruz (coin game of head and tails) last July 29 at Sitio Dayhagan in Barangay Minaba, Bayawan City.
According to the CHR official, Moises recounted to him in an interview late last week that he did not grab any firearm from policemen during the raid contrary to the claim of the police, and was surprised when he was shot at.
The policemen brought Moises to the Bayawan District Hospital but he was referred to Dumaguete City for further treatment of his gunshot wound.
Moises, who is currently recuperating at a hospital in the city, called the CHR local chief on Tuesday afternoon, saying that some policemen were securing him, Cañete disclosed.
He said when he spoke to the lawmen over the phone, he asked why they were securing Moises and they replied that the latter was under arrest and facing charges for violation of Presidential Decree 1602 (Prescribing Stiffer Penalties on Anti-illegal Gambling).
“Tungod atong na apil na sya sa raid, mao nga gidakop siya karon ug wala pa gani nakagawas sa ospital kay wala pa nakabayad (Because of that raid, Moises was placed under arrest and could not be discharged from the hospital yet as he still has unpaid bills),” Cañete disclosed.
While not concerned with Moises’ arrest and the filing of a case against him, Dr. Cañete said: “I am more concerned with the aspect on the allegation nga niaksyon sya ug ilog sa armas (that he grabbed the firearm) of the arresting police officer.”
“What I am looking into are the circumstances behind the shooting of Moises because it appears that he was shot from the back,” Cañete pointed out.
The fact that someone was shot during that raid, “the burden of proof will now shift from the victim to the police officers to prove nga ang ilang gihimo (that’s what they did) was in defense of whatever justification kay naa may napusilan (because somebody has been shot),” he said.
And since shots were fired and somebody was hit, “ilang burden na karon pag prubar nga proper ang ilang paggamit sa armas (it is their burden now to prove that the use of their firearms was proper),” he added.
Dr. Cañete said he will have to go to Bayawan City to talk to the witnesses and get their statements as well to secure a copy of the medical certificate of the injured Moises prior to moving forward with the investigation. (Mary Judaline Partlow/PNA)
