A head of a government agency and three other former officials were ordered arrested yesterday by a Nueva Ecija court for murder charges filed in 2006.
The court issued arrest warrants to National Anti-Poverty Commission (NAPC) Secretary Liza Maza, former Agrarian Reform Secretary Rafael Mariano and former Bayan Muna party-list Representatives Satur Ocampo and Teddy Casiño.
The former officials were accused of involvement in the abduction and killing of Danilo Felipe in 2001, Jimmy Peralta in 2003 and Carlito Bayudang in 2004 who were supposed supporters of Akbayan partylist.
“We were surprised,” lawyer Neri Colmenares, chair of Bayan Muna and Makabayan, told reporters in a text message.
He said the warrants were issued by the regional trial court in Palayan City, Nueva Ecija.
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Colmenares expressed surprise over the court’s move since the cases were filed way back during the administration of former President and now Speaker Gloria Macapagal-Arroyo.
In 2008, Judge Evelyn Turla ordered the case returned to the Office of the Provincial Prosecutor, saying “the proper procedure in the conduct of the preliminary investigation was not followed” and that prosecutors should conduct a proper preliminary investigation.
“From the gathering of evidence until the termination of the preliminary investigation, it appears that the state prosecutors were overly-eager to file the case and to secure a warrant of arrest of the [petitioners] without bail and their consequent detention,” she said.
The respondents questioned the move before the Supreme Court (SC), saying the cases against them should be dismissed if the court did not find probable cause.
In February 2017, the SC partially granted the respondents’ petition, saying sending the cases back to the prosecutor was improper.
“Regardless of Judge Turla’s assessment on the conduct of the preliminary investigation, it was incumbent upon her to determine the existence of probable cause against the accused after a personal evaluation of the prosecutors’ report and the supporting documents,” the SC said.
The SC ordered the return of the case to the Palayan City regional trial court “for further proceedings with due and deliberate dispatch in accordance with this decision.”
“The matter is still with the regional trial court. The Palace will continue to respect the independence of our courts,” presidential spokesman Harry Roque said.
“We should therefore let the legal process run its course,” he added.
Counsel for the former officials, Rachel Pastores, said at a press briefing they will file a motion for reconsideration on the murder cases.
“It is clear from the start that the story (on which the allegations were based) is incredible,” she said.
The case, she added, was used in an attempt to disqualify the four individuals from running in the 2007 elections. It was later junked by the Commission on Elections.
“This is a huge injustice and we are preparing our next move to counter the allegations,” she said.
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