More cases up vs CIDG chief on Tan slay case
Two more military ombudsman complaints, both criminal and administrative in nature were filed against the regional chief of the Criminal Investigation and Detection Group (CIDG) here.
Both related anew to the celebrated massacre of Filipino-Chinese businessman Francisco "Bobby" Tan, wife Cindy Zayco and 6 year old daughter Katherine, Police Superintendent Renato Gumban stands accused of violation of Article 208 of the Revised Penal Code and PD 1829.
Docketed as OMB-P-C-06-0235-B and OMB-P-A-06-0216-B, the twin complaints were filed by brothers Archie and Jan Michael Tan, said siblings CIDG's principal suspects in the violent killings. Main contention of the complainants was the supposed violation committed by Supt. Gumban in his failure to file charges against the Zaycos.
Said CIDG regional chief in his counter-affidavit denied being remiss of his duties as he maintained that appropriate charges were filed albeit not against the Zaycos.
"How can we in the CIDG file charges against Michael Zayco and Miguel Sola or any of the Zaycos like the orphaned Tan children's aunt Natividad or their grandmother Rosalinda based on such insinuation of Archie and Jan Michael Tan in their joint-counter affidavit filed on 08 February 2006 in the charge against them for the deaths of their father, stepmother and half-sister that the Zaycos are interested in the wealth and businesses of the Tan spouses?," excerpts of Supt. Gumban's counter-affidavit as obtained by The News Today (TNT) stated.
Such, as he went on to cite four reasons to back up his defense among which presenting that as far as the CIDG is concerned, the complainants were their suspects and never the Zaycos.
"Except for their mere 'suspicion', they have no other evidence against the Zaycos. One does not file such a serious charge against someone based on the 'suspicion' of the one who stands charged of the crime," he continued while adding that when the crimes occurred, none of the supposed suspects were in town. The Zaycos are based and reside in Kabankalan City, Negros Occidental.
"I agree with the lawyers of herein complainants that Art. 208 of the Revised Penal Code speaks of a public officer who maliciously refrains from instituting prosecution for the punishment of violators of the law," Supt. Gumban continued.
"I have not maliciously refrained from instituting the prosecution of Archie and Jan Michael Tan for their punishment as violators of the law because we, in fact, instituted their prosecution. Our investigation and the evidence we gathered point to them as the violators of the law and the same was confirmed by no less than the investigation of the NBI which Conchita Tan personally requested from the Secretary of Justice."
Supt. Gumban further went on to chide the Tan siblings saying, "because herein complainants are not lawyers they better ask their lawyers to tell them the truth about all these things for them to realize that what they are filing against me has no basis and clearly partakes the nature of a harassment suit, unless they intended it to be."