MANILA, Philippines – (UPDATE) Embattled news anchor Ted Failon has filed his counter affidavit against police allegations of obstruction of justice in the investigation into the death of his, wife Trinidad Arteche-Etong.

Failon, Teodoro Etong in real life, filed his affidavit Tuesday before the office of Assistant city prosecutor Mary Jean Pamitan of the Quezon City Regional Trial Court.

The news anchor was charged with violating Presidential Decree 1829 for supposedly failing to immediately report the April 15 shooting that fatally wounded his wife Trinidad.

Also charged were Pamela Arteche, Failon’s sister-in-law, house helpers Pacifico Apacible, Carlota Morbos, Wilfreda Bolliser, and Glen Palan. They allegedly tampered with the crime scene and concealed evidence.

Failon’s lawyer Alfred Molo said they stated in the counter affidavit that his client and his co-accused did not intend to hide the incident.

He also noted that the charge should not have been filed because a crime had not been established, given the premise that Etong supposedly shot herself.

Meanwhile, a source in the Quezon City Police District said on Tuesday that police investigators were leaning towards parricide in their investigation on Etong’s death before the case was transferred to the National Bureau of Investigation (NBI).

The police source who asked not to be named because he was not authorized to speak to media said the bases were the bullet’s trajectory and the discrepancies between the position of the body when it was found inside the bathroom by Ted Failon and house help Carlota Morbos, and evidence from the scene.

“Right to left trajectory and the direction is downward,” the police source said of the bullet trajectory.

“The exit wound is at least 2 centimeters lower than the entry wound,” the source added.

The source added that based on the trajectory and measurements of the entry and exit wounds, “the person who was holding the gun was higher than the victim.”

“Morbos in her earlier statement said Trina was found sitting near the toilet bowl, while Failon said she was sprawled on the floor,” the police official said.

“Investigation showed that the victim was bending over the toilet bowl when the shot happened based on the location of the bullet impact,” he added. “The bullet’s impact was found behind the toilet bowl.”

He further said that the bullet’s trajectory has always been given more weight in determining whether a shooting was a suicide or not.

“The usual trajectory of the bullet by a person committing suicide has always been upward,” the source explained.

“I have yet to encounter a suicide with a downward trajectory because common sense dictates that it would be awkward for that someone who wants to commit suicide to point the gun downward,” he further said.

When asked if Ted Failon could have shot his wife, the source said “yes, because there was no one else in the house who entered the room before him based on their statements given to the police and subsequently submitted to the court.”

He added that Failon’s action from the start was not “normal of someone whose wife is critical.”

“He left the hospital to go home while his wife was fighting for her life,” the source said.

He added that based on the record book of the New Era hospital, Failon brought his wounded wife to the hospital’s emergency room at 10:50 a.m. on April 15.

“Despite the emergency, his immediate instruction to the guard upon arrival was no media and that the police must not be informed,” the source said.

He added that based on hospital records, Failon left the hospital at around 1:50 p.m.

The Philippine Daily Inquirer was able to obtain a copy of the hospital’s log book signed by the guard on duty, Sylvia Uri.

Senior Superintendent Elmo San Diego, the Quezon City Police District (QCPD) director, confirmed in an interview that the investigation was almost complete at the time the case was turned over to the NBI.

“We were so close to wrapping up the investigation before it was transferred to the NBI,” San Diego said, but he refused to elaborate on the findings of their investigation.

When asked whether their findings were pointing towards parricide, San Diego only said, “The result of the investigation would vindicate the QCPD.”

Superintendent Franklin Moises Mabanag, the head of the QCPD-Criminal Investigation and Detection Unit, which handled the probe on Trina Etong’s death, refused to comment on information obtained by the Inquirer from a QCPD source.

But Mabanag said that the alleged suicide note of Etong and the handwritten statement of Morbos would strengthen the theory that it was not suicide.

“With closer scrutiny, it showed its similarity to the writing style of Morbos,” Mabanag said.

He added that the strokes of Morbos’ S, U, A, O, P and the style of writing were the same as those on the note.

“We will be presenting the specimens to a handwriting expert, but even without an expert you could immediately see the similarity,” he added.

He added that Failon brought up the letter to the investigators during the early stage of the investigation.

MANILA, Philippines – In the wake of investigations on the death of the wife of broadcaster Ted Failon, another forensic expert on Tuesday said that it is likely that Trinidad Etong committed suicide.

Speaking at a press conference in Quezon City, forensic pathologist Dr. Raquel Fortun said that the autopsy she conducted on Etong revealed that her gunshot wound was “self-inflicted” and “intentional.”

“The issue here is not the cause of death, but the manner of death. If you have close range fire, this is very much consistent with suicide and therefore, self-inflicted and intentional injury. Of course, we have to consider the circumstantial instances, what people say, and the physical evidence. And based on the information available to me so far, it’s consistent with suicide,” Fortun said.

“My opinion is this: It would really be a self-inflicted injury rather than something else,” she added.

Fortun was hired by the family of Failon (Mario Teodoro Etong in real life) to conduct an independent autopsy on Etong.

“The requesting party is the family and I would be releasing my autopsy report to them,” she said, adding that she conducted the autopsy for three hours on Tuesday morning.

Etong died last Thursday at the New Era General Hospital in Quezon City. Failon brought his wife to the hospital last Wednesday.

The broadcaster earlier claimed that he left his radio program on Wednesday and rushed immediately to their home. Upon arriving home, he saw his bloodied wife on the bathroom floor.

On Monday, Dr. Erwin Erfe, a forensic expert also tapped by the Failon family, claimed that Etong committed suicide based on the contusion found in her skull.

Erfe, who is also a forensic consultant of the Public Attorney’s Office, said the contusion of bruise created by the bullet that pierced through the right temple of Etong was “uniform,” indicating that Failon’s wife shot herself.

Close range fire, contact fire

At Tuesday’s press conference, Fortun said that she examined the wound where the bullet entered and said it is likely that the gun was fired at close range because “soot was found way inside the gunshot wound.”

Fortun also said that examinations on the wound also indicated it was fired at close contact because “the muzzle is really touching the skin” and “the wound had lacerations.”

The forensic expert also noted that the bullet entered though Etong’s right temple and exited through her left temple, thus confirming Erfe’s findings that the bullet had a right-to-left trajectory.

She added that even if Etong was left-handed, she could have shot herself using her right hand.

“Whether you are left or right handed, studies have shown that you could very well shoot yourself on the other side,” Fortun told reporters after the press conference.

During the news briefing, Fortun said that the bullet’s trajectory would be relevant “in correlation to the rest of the evidence,” such as the site where the bullet hit.

Last week, police investigators from the the Scene of the Crime Operatives (SOCO) established that the scene of the shooting incident was at the bathroom of the Failon residence in Tierra Pura Homes in Tandang Sora, Quezon City.

This was after the SOCO team found bullet marks inside the bathroom.

Inconclusive?

Fortun also said that while the paraffin test the police conducted on Etong might have found her negative for gunpowder burns, it should not automatically rule out the suicide-angle.

“It does not consider a shooter from a non-shooter. The test done was not scientific at all,” she said.

Earlier in the day, Fortun lamented that the Philippines is lagging behind in developments on forensic science and that paraffin tests are “outdated” in forensic investigations.

“Huling-huli tayo generally in terms of forensic science development. Makukumpara sa Amerika, I think 1960’s tayo. Forty years behind. It’s that bad, although hindi naman talaga walang-wala tayo,” said Fortun in an interview with broadcaster Arnold Clavio on GMA’s Unang Hirit.

[We are lagging far behind in terms of forensic science development. Compared to the US, we are forty years behind. It’s that bad, although it doesn’t have to mean that we cannot do anything.] - with Mark Merueñas, Katrina Alba, GMANews.TV

MANILA, Philippines – A forensic expert connected with the Public Attorney’s Office (PAO) claims that it is likely that the wife of news anchor Ted Failon committed suicide based on the contusion found in her skull. According to Dr. Erwin Erfe, forensic consultant of the PAO, the contusion of bruise created by the bullet that pierced through the right temple of Trinindad Arteche Etong was “uniform,” indicating that Failon’s wife shot herself. However, Department of Justice Secretary Raul Gonzalez, said Erfe who is also professor of forensic medicine at the Ateneo Law School, should refrain from giving information because he is not part of the official team looking into the Etong case. “It’s not proper. He should not be talking. He should not be volunteering information because he is not part of the official investigating team,” said Gonzalez in an interview with GMANews.TV on Monday, April 20. According to Erfe, the contusion showed that “this was most likely a suicide.” Police investigators have yet to come out with the results of the autopsy conducted on Etong. “Significant itong contusion collar or parang pasa na nilagusan ng bala. May sign na uniform ito. Ibig sabihin ang baril na ginamit ay perpendicular at pantay na pantay [The contusion collar or somewhat bruise was significant in the investigation. The contusion was uniform meaning the gun was fired perpendicularly and at a leveled position],” Erfe said in a radio interview Monday. Erfe said that if Failon – who is 5′ 10″ high – was the one who shot his wife – 5′ 2″ – the contusion would not have been perpendicular. Police investigators did not find any trace of gunshot residue from the autopsied body of Etong. Also, Failon’s paraffin test yielded negative results. PAO consultant A check with the PAO confirmed that Erfe is a consultant of the office headed by Persida Rueda Acosta. Gonzalez earlier ordered Acosta to stop “lawyering” for Failon. In a memorandum, the DOJ secretary said the PAO’s mandate is to extend legal assistance only to those who can’t afford it. Erfe said that Failon personally requested him to serve as an independent forensic consultant among the members of the autopsy team. Dr. Paul Ed Ortiz, a medico-legal expert, is the head of the Philippine National Police’s Scene of the Crime Operation team that conducted autopsy on Etong. Erfe was the head of the PAO team that studied the forensic evidence on the 1983 Galman-Aquino double murder case. According to Acosta, the three-month review of Erfe’s team on the case showed that Galman was the actual killer of former senator Benigno “Ninoy” Aquino Jr. Erfe was also the PAO-designated forensic expert that questioned the re-autopsy done by Dr. Raquel Fortun on the three suspected car thieves who died on the Feb. 17 alleged shootout with police along EDSA in Quezon City. In his findings, Erfe claimed that the responding operatives in that incident did not use excessive force in the police operation because the suspects apparently did not sustain “fatal gunshot wounds.” – GMANews.TV

First, suicide. Second, parricide. Third (which is based on other sites and personal information received by PinoyObserver), murder and lastly, homicide.

A suicide is something self-inflicted. Based on pieces of evidence, it can be determined by tests (like paraffin) and exogeneuous factors, like testimonies, etc.

A parricide contemplates that Ted Failon might have something to do with Trina’s death. Parricide is a crime committed by a member of the family which the victim belonged. If the police files parricide charges, only Ted Failon, or Trina’s sister or brother would be arrested and charged. Parricide is a heinous crime and punishable by life imprisonment (before death).

A murder charge contemplates a scenario where members of the household (the househelps  and the driver) killed Trina. Murder is pre-meditated. For police to seriously consider charging murder means that they have pieces of evidence which shows that there was something that could have provoked anybody to kill Trina. This means that members of Failon’s household could be charged and Failon exonerated.

Lastly, homicide. Homicide is not pre-meditated. It just says that somebody shot Trina without any provocation nor a plan to kill. It may mean that a third party was involved, which, in this case, is far-fetched since all testimonies point to a discovery of the incident after it was committed. There was also no indication of forcible entry nor any indication that a third party could have committed the dastardly deed.

Now, police will be piercing up the pieces of evidence they already gathered and re-construct the scene of the incident. The NBI is helping the police re-construct the scene of the incident.

What I am worried is the possibility (for my readers, let me stress POSSIBILITY) that police might actually influence their report to show either suicide or parricide. The direction that this case might take might actually depend on the way public opinion shows, which, obviously, an unfair thing both to Trina and her husband and siblings.