The Caloocan City police officer tagged in the shooting and killing of six-year-old Gian Habal in Caloocan last April was dismissed from his post last Friday.
In a three-page decision from the Philippine National Police, Corporal Rocky delos Reyes was found guilty of grave misconduct after it was found out that “there is a substantial evidence to establish his administrative liability” in the death of Habal and the injury of Elsa Montañez.
Also, he failed to present an evidence to disprove the alleged acts that constitute grave misconduct.
In April, Delos Reyes opened fire while he was reportedly chasing a wanted personality. His bullet hit Habal in the forehead, killing the boy instantly.
Montañez sustained a bullet wound in her left foot after Delos Reyes shot at her when she tried to stop him from escaping the incident.
According to police rule, “the police shall not use warning shots during police intervention operations” and “the use of firearm is justified” only if there is imminent danger.
The decision, signed June 14 by National Capital Region Police Office director Police Major Gen. Guillermo Eleazar, also stated that Delos Reyes failed to show clear and convincing evidence that he performed his duty properly and thus there was no presumption of regularity.
“His reliance on regularity in the performance of duty is untenable and cannot be given due consideration,” Eleazar said. “Therefore this office finds Police Corporal Rocky delos Reyes guilty of grave misconduct…and he is hereby meted the penalty of dismissal from the police service,” Eleazar added.
Meanwhile, Caloocan Regional Trial Court Branch 128 Judge Eleanor Kwong has set Delos Reyes for trial on June 17 after she found probable cause.
Based on ballistic results, the two shell casings and the deformed slug recovered from the crime scene matched those taken from the .45 caliber Shooters Elite pistol surrendered by Delos Reyes.
Kwong also denied the request of Delos Reyes to stay at the Philippine National Police Custodial Center in Quezon City for lack of merit and transferred him to the Valenzuela City Jail.
Delos Reyes had earlier filed a motion for continued commitment at the PNP Custodial Center. He said that if he would be detained at the Caloocan City Jail, he might be coerced, threatened, or compelled to testify in favor of the inmates whom he arrested.
Delos Reyes is facing murder and attempted murder cases. He is also charged with violations of the firearms and ammunition law and the election gun ban. (Joseph Pedrajas)
