The charges of murder on two counts, frustrated murder on four counts and attempted murder on two counts filed by Pulupandan Mayor Magdaleno Peña and his companions against former Mayor Luis Mondia Jr., mayoralty candidate Samson Mondia, and 39 others, have all been dismissed by the Negros Occidental provincial prosecutor’s office for lack of probable cause.
The 94-page joint resolution was penned by Assistant Provincial Prosecutors Edgar Blancaflor Baylin, Roger Agno Tranquilo and Ma. Consolacion Triunfo Bascug on Aug 12 and approved by Provincial Prosecutor Daniel Miranda Villaflor.
They also recommended that the National Bureau of Investigation conduct a reinvestigation of the cases.
The Mondias and the 39 others were charged for an ambush in Pulupandan town on May 30, 2007 that resulted in the injury of Peña, his nephew and Pulupandan Councilor Gerard Suatengco, and their escorts Diego Ofqueria Anciano Sr. and and Marciano Magbanua Miravalles. All four filed the complaints of frustrated murder against the 41.
Killed in the ambush were Jose Morel Miguel Merced and Ronnie Tamson Gegavine. Their wives Flordeliza Merced and Ma. Theresa Gegavine filed charges against the 41 for murder on two counts.
Peña’s police escorts PO2 Pedrito Provido Lupo and PO2 Ariel Tabasuares Flores , who said the ambush was an attempt on their lives, filed charges against the 41 for attempted murder.
In their joint resolution, however, the prosecutors said that, based on the evidence at hand, they found no probable cause that any of the 41 respondents named had committed any of the crimes charged.
‘BRAZENLY INCREDIBLE’
The prosecutors also said the credibility of the complainants and their witnesses were highly questionable and their allegations “brazenly incredible”.
Besides, the identities of the ambushers are further clouded by a June 2, 2007 New People’s Army Boy Gatmaitan Command press release admitting responsibility for the ambush on the convoy of Peña. Although Peña imputed some connections between the NPA and some of the respondents, it is not supported by evidence, the prosecutors said.
FERNANDEZ, NPA TOO
Peña last night said he would file a petition for review before the secretary of justice and will ask that priest-turned-rebel Frank Fernandez and the other NPA district commanders be included in the ambush charges with the Mondias.
“I will also file the appropriate criminal and administrative charges against Villaflor and the three other prosecutors for disobeying the order of the president for a total war against the NPA. I am sure the president will not be happy with what they did,” he said.
Their failure to file the charges will embolden the NPA, he claimed, adding that he will bring the matter up with the Secretary of Justice and the President.
Aside from Luis and Samson Mondia, the prosecutors also dismissed the charges against Louie Mondia, Luis Mondia III, Edgar Mondia, Pacloy Mondia, Mario Teyres, Fritz Javier, Martin Mata, Diego Malacad, Noel Occena, Arnel Semillano, Robinzon Galanza;
Allan Arellanao, Joemarie Dalumpines, Renato Dioso, Doroteo Vallejo, Gamay Jereza, Medardo Sayosa, Romeo Nanta, Loggie Pabol, Fren Singapore, Ruben Olvido, Renato Ronamo, Rogelo Montero;
Bebong Biadora, George Atilano Sr., Jonel Española, Owa Española, Ronnie Fantonalgo, Marchie Malapitan, Raul Calderon, Carlos Villanueva, Samuel Diamante, Clarence Española, Benjamin Atchura, Alberto Magdalera, Dionato Dioso, Antonio Dichino, Arnel Catañeda, Genaro Animay and Mario Treyes.
OCCULAR INSPECTION
The prosecutors said in their joint resolution they meticulously went over the evidence of both parties and verified the same by ocular inspection of the crime scene.
The prosecutors noted that Peña initially said in his counter affidavit that when four armed men, whom he identified as Treyes, Javier, Samson Mondia and Mata, fired at the vehicle he was riding on, he immediately ducked to the floor.
That was a normal reaction to a startling occurrence, a man’s instinct to live, and highly credible, the prosecutors said.
However, the prosecutors noted that in the clarificatory hearing on March 27, 2008 when Peña was asked if he was already ducking when he was hit by bullets, he replied “No. no I did not go to the bottom of the dashboard. I was looking at all of them. And I saw Samson, Mata, Malacad and Mario.”
Peña turned his head from left to right to left demonstrating how he was able to see his assailants while still sitting in the green Ford Expedition, the prosecutors also noted.
This new allegation is contrary to human experience, the prosecutors said. Peña would have been hit by the bullets to death, or at the very least, threatened by death, had he not ducked immediately, the prosecutors said, noting the bullet holes in the green Expedition vehicle.
The prosecutors said they believe Peña made the new allegation to give credence to his claim that he had identified his assailants. Had he ducked immediately to the floor of the green Expedition, he would not have seen his assailants, the prosecutors said.
“A meticulous evaluation of the accusatory allegations of Atty. Peña would show, indeed that he was not able to see his assailants, the prosecutors also said.
They also noted that when Senior Supt. Rosendo Franco, Negros Occidental police provincial director, interviewed Peña at the Riverside Medical Center in Bacolod City after the ambush, the mayor told him that he identified some of the suspects but refused to divulge their identities.
PNP DOUBTED
Peña argued that he did not divulge the identities of his assailants because he doubted the impartiality of the PNP.
He also said he instructed the other victims to give their statements only to the National Bureau of Investigation-Bacolod and never to the PNP, the prosecutors noted.
The prosecutors said that, had Peña identified his assailants to Franco, the police director could have ordered a hot pursuit and the immediate arrest of his assailants, who were mostly only residing in Pulupandan and are known there.
The prosecutors said it was their honest belief that, as far as the allegations of Peña are concerned, there is no probable cause that the respondents committed the ambush.
DIFFERENT VERSIONS
The prosecutors also noted that six witnesses interviewed by the PNP had different versions of the incident from those of Peña and his companions.
These witnesses only saw one to three assailants and not one of them estimated the length of firing during the ambush to exceed five minutes, contrary to the allegation of the complainants and their witnesses that it lasted 15 to 30 minutes.
They also noted that the witnesses described the assailants as between 20 to 25 years old.
To give justice to the victims of the ambush, especially the widows and the orphans of Merced and Gegavine, the prosecutors said they believe the NBI should investigate the witnesses interviewed by the police and some of the complainants who may just be withholding the truth, or may have been compelled to “embellish” their testimonies.
NO OFFENSE
The prosecutors said they were dismissing the charges against the 41 because no person should be charged in court without an offense.
They are also dismissing the charges to save the state from the expense and vexation of a needless, costly and fruitless prosecution and to ensure that the state prosecutions shall be undertaken only when there are chances that the ends of public justice will be served.
“Only a showing of probable fall from innocence should subject a person to the agony and hazard of a public prosecution,” they also said.*CPG
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