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Transcript of Grace Poe’s Questions

Poe: Bago tayo pumunta muli sa kaso ni Kian, nais ko sanang linawin muna--sa NBI, kung maaaring i-eksplika, ano ba talaga yung kaso dito kay Carl Angelo Arnaiz? Iba-iba yung reports na nakikita natin sa media, iba-iba rin ang mga sinasabi ng testigo at mga pulis. Sino ang pwedeng magbigay ng narrative tungkol dito? Sa NBI, ano pong mga nakita ninyo? Siya po ay nawala noong Aug. 17, tapos Aug. 27 nakita yung katawan? Pwede bang i-eksplika sa report ninyo kung anong nangyari?

NBI Deputy Dir. De Guzman: The NBI was just ordered by the Secretary of Justice to take over the investigation of Carl's case. We have yet to come up with an initial report of our team, considering that the team that is going to undertake the necessary investigation is the same group who is now attending the Senate hearing.

Poe: Mr. Chair, sino kaya sa kanila ang pwedeng magsalaysay--yung PNP muna, sino ba ang naghandle ng kaso dito?

PNP Chief Dela Rosa: It's the Northern Police District who has jurisdiction over the case.

Poe: Supt. Fajardo pakibigay po yung salaysay ninyo kung ano ang nangyari dito kay Carl Arnaiz?

NPD CSupt Fajardo: This is a Caloocan police operation, nagrespond lang yung Caloocan Police station base sa reported holdup sa taxi driver. This is a police response on the reported robbery-holdup sa taxi.

Poe: Kaya nga, anong meron kayo? Sino ang may hawak nito? Nung nakita ang katawan, bago pa man doon, nakita ninyo ang driver, kinausap ninyo, ano ba ang nangyari?

Meron din ako dito, ako ba ang magbabasa? Aug. 17, Carl Angelo Arnaiz left his home at around midnight to buy snacks. He was accompanied by 14-yr old Reynaldo de Guzman. Yung mga report na ganoon. Aug. 27, 10 days later, Carl was found dead along a dark portion of C-3 road. Aug. 28, Carl's parents found his body at a morgue in Caloocan. Reynaldo De Guzman is still missing, yung kasama ni Carl hindi pa rin natatagpuan hanggang ngayon. Aug 30, a police spot report alleged the following: Carl flagged down a taxi in Navotas at 3:20 a.m. Yan ang hinihingi ko kasi hindi naman dapat manggaling sa akin ito, pero ito yung mga nakuha namin.

CSupt. Oscar Albayalde: May I share with you the spot report from the Caloocan City police office.

Poe: Yes, so that we can reconcile with what the PNP has and then also, with PAO, and later on, with the others.

Albayalde: Although the report does not say of the activity of Carl coming from Cainta in Rizal. What the spot report says is of the incident that transpired during that early morning of Aug. 18. It says here that about 3:30 am of Aug. 18, 2017, suspect who posed as a passenger in Navotas City and asked the victim, who is the taxi driver here to convey him at 5th Avenue in Caloocan City. However, when they reached C-3, Road 3, Brgy. 28, Caloocan City, suspect drew his gun and declared a heist, with intent to gain, took the wallet of the victim and hit the latter using his gun, then alighted thereat. At this juncture, the victim immediately sought assistance when he chanced upon PCP2 personnel of Caloocan City who were then conducting patrol in the area. The responders here are PO1 Perez and PO1 Arquilita. Immediately, said police personnel and the victim rushed at the place of occurrence where the victim was able to identify the suspect. At this juncture, responding police personnel identified themselves as law enforcers, however, suspect drew his firearm and successively fired shots toward the responding police officers. The crime scene was--that caused the death of Carl Arnaiz. The crime scene was secured and cordoned by the first responders identified as PO1 Francis Elamil and PO1 Fronda and eventually turned over to the investigator on case and NPD SOCO led by Police Chief Inspector Andaya, who recovered the pieces of evidence from the crime scene. The cadaver of the suspect was brought to the facilities of Ezekiel funeral services for autopsy examination and attended by NPD crime laboratory office.

Poe: Nakita ang kanyang katawan 10 araw pagkatapos, tama po?

Albayalde: Yes, your honor, because nobody can identify Carl Arnaiz during that time, so he was brought to that funeral parlor. Only after 10 days when the relatives were looking for a missing person.

Poe: Kaya po nililinaw ko rin sa inyong spot report, nakita ang kanyang katawan sa madilim na liblib na lugar sa C-3 Caloocan, so ibig sabihin po ba, kailan po ba nagkaroon ng barilan at napatay sya? Aug. 18?

Albayalde: Yes, your honor.

Poe: Aug. 18 cordoned off yung area, yung crime scene, pagkatapos nun dinala siya sa morgue kaagad?

Albayalde: Yes, your honor, after the SOCO investigated the crime scene.

Poe: Ano naman itong sinasabi nila na 10 days later lang siya hinanap ng kanyang mga magulang?

Albayalde: No your honor, probably after 10 days that's the only time where they were able to locate the missing child.

Poe: Puwede bang malaman kung nandito po yung driver ng taxi?

Albayalde: No your honor, he was not invited.

Poe: Totoo ba na dalawa yung kanyang salaysay at magkaiba?

Albayalde: We will check on that your honor. I believe he made a supplementary statement affidavit after the victim or Arnaiz was identified and I think according to the arresting or responding officers, the taxi driver positively identified Carl Arnaiz as the person who made that robbery holdup.

Poe: Yung bata na kasama niya, itong si Reynaldo de Guzman, lumapit na ba yung mga magulang sa inyo hinahanap siya?

Albayalde: As far as our office your honor, not yet.

Poe: So meron bang missing persons report?

Albayalde: That would probably be in Rizal your honor because that is not the AOR of Caloocan City.

Poe: Sige ngayon, ano pong petsa ng inyong spot report?

Albayalde: It's dated August 18, 2017.

Poe: So August 18, yun bang PAO o kaya yung SOCO, meron bang residue ng nitrates yung bata?

Albayalde: We have no results of that yet, your honor.

Poe: Wala pa ding results yun, bakit po?

Albayalde: According to the crime lab who is here your honor, they have the results already.

Poe: So is it positive?

Crime Lab Officer: Yes mam.

Poe: Positive yung kanyang ano- (nitrates residue).

Ping Lacson: For the information of Sen. Poe and the members of the committee, the two policemen cited in the case of Carl Angelo Arnaiz are here - PO1 Jeffrey Perez and PO1 Ricky Arquilita.

Poe: Nais kong tanungin, ito bang si PO1 Perez pareho nung kay Kian?

Lacson: The three being accused in the case of Kian andito sila. Yung kay Kian, PO3 Arnel Oares, PO1 Jerwin Cruz and PO1 Jeremias Fereda. Yung kay Carl Angelo Arnaiz, PO1 Jeffrey Perez and PO1 Ricky Arquilita.

Poe: Thank you Mr. Chair for clarifying. Habang nandito po si PAO Chair Persida Acosta, Mam baka puwede pong i-narrate ninyo ano pong findings ninyo pag dating dito kay Carl Angelo Arnaiz dahil medyo malabo po yung narration ng mga iba.

Acosta: With respect to the forensic findings, here with us is the Head of the forensic laboratory siya na po mag-eexplain ng forensic findings nila.

Erfe : We performed forensic analysis of the gunshot wounds and other injuries of Carl Angelo Arnaiz last Sunday upon the request of the family. On examination of the body of Carl, we noted five gunshot wounds, three on the middle of the chest, one on the left side of the chest and one on the back portion of the upper arm of the victim. We also noted marks of handcuffs on the wrists of Carl, also swollen eyes, contusions of both eyes and extensive drag marks or abrasions, gasgas po sa likod, indicating that he may have been dragged.

Poe: Sir meron bang gun powder residue, nitrates, na-test po ninyo siya?

Erfe: Madam we did not test for paraffin testing.

Poe: So you didn't, but in your opinion, based on your findings on the injuries sustained by Carl, overkill ito at hindi naman nanlaban?

Erfe: It looks like the victim was handcuffed. There are marks of handcuff and the victim was mugged.

Poe: Opo, ito ba'y nabaril ng malapit o malayo?

Erfe: Mam there's no indication of close range or near-contact fire?

Poe: Mr. Chair perhaps we can have a copy of that report. Matanong ko na din, nandito ba yung mga magulang ni Carl Arnaiz o ang kanyang kinatawan?

Acosta: With the permission of the honorable Chair, today is the libing ni Carl at Aliw Cemetery in Pateros so they were not able to come here.

Poe: Mam yun bang parents nung kasama ni Carl, itong si Reynaldo de Guzman nakausap po ba ninyo?

Acosta: Opo nakausap ho namin at hanggang ngayon naghahanap pa po kami at sila, naka-post sa social media ang mukha ng bata at maging ang ABSCBN inilabas po kagabi itong katorse anyos na bata. So hanggang ngayon hinahanap pa po namin,hindi pa rin ho matagpuan, katorse-anyos na lalaki po.

Poe: Marahil mamaya mapakita natin dito sa hearing baka may makakita pero siguro Director Albayalde, noong nagkaroon po ng shootout doon, di ba ini-cordon-off yung area, wala ba silang nakita, hindi ba nila namataan ang isang bata na tumatakbo away sa crime scene?

Albayalde: None on their report, your honor.

Poe: So in the spot report, there's no indication of the child. Mr. Chair, perhaps to piece the story together, in deference also as today's the burial of Carl, maybe in the future we can invite the parents if we have another hearing, and also the driver of the taxi so that we can hear their side of the story. That's all Mr. Chair.

Source: Senate of the Philippines

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