Extrajudicial killings in Negros? Solon, 14 others face murder raps

BACOLOD CITY, Philippines — The Office of the Ombudsman has denied a consolidated motion for reconsideration filed by Representative Melecio “Beboy” Yap (1st district, Negros Occidental) and 14 others for the dismissal of murder and frustrated murder cases against them, for lack of basis.

The Ombudsman earlier ordered the filing of four counts of murder and frustrated murder against Yap, then mayor of Escalante City, and 14 others for their involvement in the alleged extrajudicial killings in Escalante City, Negros Occidental, in 2007 and 2010.

In his motion, Yap argued that the accusations against him are baseless, and that he was implicated in the murder and frustrated murder charges, allegedly due to political consideration and his mere association with persons who “perpetrated” the crimes.

Yap said the “Dungan Nga Ginsumpaang Nga Pagsaysay” executed by Evonie Baynosa and Irving Taberros—the primary evidence of his indictment—should not have been given probative value.

He contended that the document was written in Cebuano dialect, unaccompanied by any translation in English or Filipino, citing the Revised Rules of Court, Rule 132, Section 33; and that the alleged conspiracy among respondents were established only by the declarations of Baynosa and Taberros, who were allegedly co-conspirators also.

Yap’s supplement to the motion for reconsideration further insisted there was unjustified delay in the filing of the charges that affected the complainants’ credibility. He said the charges were politically motivated because these were lodged only in April 2013, or a few weeks before the May 23 elections, and that the complainants had admitted their ties to former Escalante City mayor Santiago Barcelona.

Yap and 14 other respondents were charged before the Ombudsman for the deaths of Ferjun Damalerio, Armando Lutrago, Eric Matugas and Jury Alsado Sr., and the frustrated murder of Fernando Damalerio.

Another respondent, Bernardino Patigas Sr., a human rights advocate, claimed that he was implicated in the murder of Ferjun Damalerio and the frustrated murder of Fernando Damalerio, after he claimed the body of Romeo Agapusa Jr. one of the assailants of the Damalerios.

Patigas explained in his motion for partial reconsideration that he only acted as a guarantor for the payment of Agapusa’s funeral services.

Another respondent —Gregory Lobaton Tuayon, also questioned the credibility of the joint affidavit of Baynosa and Taberros, who he alleged have allowed themselves to be used by the military in prosecuting suspected members of the rebel movement.

Graft investigation and prosecution officer Laurrie Layne Cristobal recommended—with the approval of Ombudsman Conchita Carpio Morales on July 26—for the dismissal of the respondents’ motions for reconsideration for being unmeritorious, as their arguments centered only on the credibility of the Dungan Nga Ginsumpaang Nga Pagsaysay, which was the main basis of the finding of the probable cause against them.

In response to Yap’s argument—that the evidence should not be admitted because it was in the Cebuano dialect—Cristobal said Republic Act 6770 mandates the Ombudsman to act on complaints against erring public officer in any form or manner.

These cases were previously handled by the Escalante City Prosecutor’s Office, which at the time also alleged of harassment from the Escalante City government, specifically the Office of the City Mayor, Cristobal said.

It is apparent that complainants were exercising prudence, calculating the risk to their families should they proceed to file a complaint against respondents, said Cristobal. 

The association of Patigas with Yap, coupled with his participation in the payment of funeral expenses of one of the gunmen who murdered Ferjun Damalerio and seriously injured Fernando Damalerio, led to his indictment, added Cristobal in explaining the denial of the reconsideration plea of the respondents. (FREEMAN)