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of the Philippines the criminal justice system is - Article 2

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32<br />

VICTIM: Paquito H. Diaz<br />

INCIDENT: Killing<br />

ALLEGED PERPETRATORS:<br />

Two unidentified gunmen<br />

DATE: 6 July 2006<br />

AHRC UA-254-2006<br />

PHOTO: PCPR<br />

Paquito Diaz: A “well-planned” killing<br />

At 6:30pm on 6 July 2006, Paquito “Pax” Diaz (42), a former<br />

radio broadcaster, was talking to relatives on <strong>the</strong> sidewalk <strong>of</strong><br />

Esperas Avenue, Barangay 54, Tacloban City, Leyte, near h<strong>is</strong><br />

house—while waiting for old classmates, to attend a high school<br />

reunion—when shot dead by a gunman on a motorbike.<br />

Margarita Pelingon, <strong>the</strong> aunt <strong>of</strong> h<strong>is</strong> wife, and her son Ariel<br />

witnessed <strong>the</strong> attack. According to <strong>the</strong>m <strong>the</strong> gunmen were riding<br />

an XRM model motorcycle, which slowed down as <strong>the</strong>y approached<br />

Diaz. One <strong>of</strong> <strong>the</strong> men pulled a .45-calibre p<strong>is</strong>tol and shot Diaz at<br />

close range. The p<strong>is</strong>tol was equipped with a silencer. Diaz was<br />

hit in h<strong>is</strong> left cheek below h<strong>is</strong> eye. He was hit again as he fell to<br />

<strong>the</strong> ground. Before <strong>the</strong> shooting <strong>the</strong> gunmen had travelled along<br />

Esperas Avenue several times, and had hidden behind a bush<br />

about nine metres away.<br />

After <strong>the</strong> shooting, bystanders and neighbours tried to block<br />

<strong>the</strong> way <strong>of</strong> <strong>the</strong> gunmen, but <strong>the</strong>y were threatened that <strong>the</strong>y would<br />

be shot if <strong>the</strong>y did not move out <strong>of</strong> <strong>the</strong> way. Diaz’s nephews,<br />

Antonio Pelingon and Leandro Pacheco immediately took him to<br />

<strong>the</strong> nearby Bethany Hospital by a tricycle. However, <strong>the</strong> attending<br />

physicians declared Diaz dead on arrival. According to <strong>the</strong><br />

physicians, a bullet that pierced through h<strong>is</strong> heart caused h<strong>is</strong><br />

death. Dr. Angel Cordero <strong>of</strong> <strong>the</strong> PNP Crime Laboratory conducted<br />

an autopsy.<br />

Diaz had reportedly been receiving threats on h<strong>is</strong> mobile phone,<br />

according to Jun Estoya, anchorperson <strong>of</strong> a local AM radio station.<br />

Superintendent Anacleto Limbo, chief <strong>of</strong> police <strong>of</strong> Tacloban<br />

City, said initial police investigations had revealed that <strong>the</strong> attack<br />

on Diaz was “well-planned”; however, no substantial progress <strong>is</strong><br />

known to have been made into <strong>the</strong> crime.<br />

In an interview, Lulu Palencia, regional chairperson <strong>of</strong> <strong>the</strong><br />

Citizens Anti-Crime Ass<strong>is</strong>tance Group, revealed that a suspect<br />

named Ronald Real was detained in Pastrana, Leyte at around<br />

7pm on July 6. Real <strong>is</strong> a Private First Class reportedly attached<br />

to <strong>the</strong> 34th Infantry Battalion, Philippine Army in San Jorge,<br />

Western Samar. He was arrested at a police checkpoint by Senior<br />

Superintendent Sabanal, head <strong>of</strong> <strong>the</strong> Pastrana Police Station.<br />

Pfc. Real denied any involvement in Diaz’s killing. Lulu<br />

Palencia said that it had yet to be investigated whe<strong>the</strong>r Pfc. Real<br />

was involved in <strong>the</strong> killing. At <strong>the</strong> time <strong>of</strong> h<strong>is</strong> arrest, he was<br />

riding a motorcycle without a license plate number.<br />

According to <strong>the</strong> January 2007 report by <strong>the</strong> presidentiallyappointed<br />

Melo Comm<strong>is</strong>sion (page 48):<br />

Absolutely no progress has been reported [into <strong>the</strong> case]. No witness<br />

could even give a description <strong>of</strong> <strong>the</strong> perpetrators to provide sufficient<br />

bas<strong>is</strong> for a cartographic sketch because <strong>the</strong> driver <strong>of</strong> <strong>the</strong> motorcycle was<br />

wearing a helmet while <strong>the</strong> gunman had a ball cap on which partly<br />

covered h<strong>is</strong> face.<br />

50<br />

article 2 • February 2007 Vol. 6, No. 1

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