BY: Ferdinand M. Brizo || FB EYE || The recent shooting incident in Barangay Cabuyoan, Panganiban, Catanduanes, resulting in the death of Dennil Jhon Tala Fulton, has raised public concerns over police protocol and use of force. Calls for an independent investigation outside the purview of the Provincial Internal Affairs Service (PIAS) and the Provincial Investigation and Detective Management Unit (PIMDU) have surfaced, emphasizing the need to address both administrative and criminal aspects of the case.
While police authorities have justified their actions, citing the imminent threat posed by the suspect wielding a bolo, critics question the proportionality of the force used. Under the Philippine National Police (PNP) rules of engagement, the use of firearms is stipulated as a last resort, prioritizing maximum tolerance and proportional response. Observers argue that in this case, the response may not align with those standards.
The suspect was armed with a bolo, a tool he was known to possess. Police responders, equipped with long firearms, acted on reports of a man causing public alarm. While video footage reveals the suspect attacking PNP personnel, legal experts and human rights advocates point out that alternative measures, such as evasion or the use of non-lethal force, could have been employed to neutralize the threat without lethal consequences. This view stems from the fact that PNP personnel are trained in martial arts and other techniques that could incapacitate a suspect without resorting to deadly force.
In the video, a civilian can be seen restraining the suspect with his foot as the latter lies on the ground after being shot. Critics note that this raises further questions about the necessity and proportionality of the force used.
Chief of Police Denver Romero explained in an interview that the area is considered NPA-infested, justifying the deployment of long firearms during the operation. However, critics argue that the singular nature of the threat—a lone individual causing a disturbance—did not warrant such a heightened response.
The parents of the deceased may have filed complaints, asserting that the incident was an “overkill” and that the suspect’s neutralization could have been handled more humanely. They emphasize that while their son may have been difficult to handle, his life should not have been taken in a manner they perceive as excessive.
The Catanduanes Police Provincial Command and the Panganiban Municipal Police Station have expressed openness to the findings of any investigative body. However, calls for the Commission on Human Rights (CHR) to intervene have intensified, given the gravity of the allegations. The CHR’s involvement is seen as critical in ensuring an impartial and transparent investigation, especially in light of the parents’ formal complaints against both the police authorities and barangay officials.
From a legal standpoint, the incident raises questions about adherence to PNP Operational Procedures, particularly the rules governing the use of force and firearms. Supreme Court rulings emphasize that law enforcement officers must always weigh the necessity and proportionality of their actions against the threats they face. Lethal force is only permissible when no other means of neutralizing an immediate threat are available.
The ethical considerations surrounding this case also highlight the importance of protecting the rights of all individuals, even those engaged in disruptive or criminal behavior. Neutralizing a suspect in a manner that preserves their dignity and life, whenever possible, is a cornerstone of just and humane law enforcement.
The death of Dennil Jhon Tala Fulton is a stark reminder of the delicate balance between ensuring public safety and upholding human rights. As investigations proceed, it is crucial to address the procedural and ethical dimensions of this incident. Transparency, accountability, and adherence to established legal principles will be key in restoring public trust and delivering justice for all parties involved.
