CA orders judge: Determine alleged rebel’s identity

MANILA, Philippines - The Court of Appeals (CA) has ordered a Quezon City judge to determine the identity of an alleged member of the New People’s Army (NPA) accused of participating in an attack that killed four military personnel in 2003.

In a nine-page decision, the CA’s Special Third Division ordered the Quezon City Regional Trial Court Branch (QC-RTC) Branch 98 Judge Marilou Runes-Tamang to conduct hearings similar to a habeas corpus case with regard to the identity of suspect Rogelio Villanueva.

Villanueva – an alleged NPA rebel tagged in the March 21, 2003 ambush of military personnel in Oriental Mindoro – is claiming that his real identity is Edgardo Serrano.

He argued that he was arrested without a warrant in 2004 in Batangas City, and that the prosecutors were not able to produce any evidence that would prove that he is the same Villanueva in the charge sheet.

Villanueva, also known as Ka Makling, was among those charged for the ambush that killed Sergeant Gilbert Bagua, Sergeant Roberto Rulfo, Private First Class Arnel Bautista, and Corporal Winefredo Padilla.

His case, which was consolidated with his other pending cases, was initially lodged at the RTC in Calapan City, Oriental Mindoro.

During the preliminary investigation stage, the prosecutor ruled that his claim of mistaken identity is matter best discussed at a full-blown trial.

The case was later transferred to QC-RTC Branch 98, previously under the sala of Judge Evelyn Corpus-Cabochan. The suspect’s family also filed a petition for habeas corpus at a Pasig RTC.

Villanueva, who is represented by the Public Interest Law Center, raised the case to the CA when Corpus-Cabochan denied his plea to dismiss the case against him.

He argued that the judge committed grave abuse of discretion when she denied the motion to dismiss despite the lack of enough prosecution evidence to prove that he and Villanueva are the same person.

In its ruling, the CA ordered the Quezon City court, now under the sala of Judge Marilou Runes-Tamang, to immediately resolve the identity of the suspect.

During the hearing on Wednesday, Runes-Tamang suspended the scheduled arraignment and set the hearing to determine the real identity of the suspect.

She ordered the prosecution to produce documents and other evidence that will show that Serrano and Villanueva are the same person.

“The prosecution is sternly warned that should it fail to adduce any evidence in the next scheduled setting, the matter on the identity of the accused shall be deemed submitted for resolution,” she ruled.