Ombudsman reverses ruling, orders murder raps vs ex-Gapan mayor, 2 others

MANILA, Philippines—Ombudsman Conchita Carpio Morales has ordered the filing of murder charges against former Gapan Mayor Ernesto Natividad and two others for the killing of Ericson and Ebertson Pascual in a Nueva Ecija cockpit in 2006.

Also ordered charged were Romeo Natividad and Ricardo Peralta.

In directing the filing of charges against the three men, Morales reversed a 2009 ruling of the Office of the Ombudsman that had excluded them from the murder case filed earlier against six other individuals for the killings, which were allegedly due to politics.

The Department of Justice initially ordered the filing of murder charges against the suspects in 2009, and the case was forwarded to the Office of the Ombudsman for review because a public official was involved.

The Office of the Ombudsman, then headed by Merceditas Guitierrez, affirmed the DoJ ruling on Feb. 10, 2009, but later reversed this in an April 8, 2009 order and excluded the Natividads and Peralta from the murder case based on their motions for reconsideration.

In her order dated Dec. 19, 2011, Morales granted the motion for reconsideration of the Pascuals’ mother, Cristina, and said that in the first place, the Office of the Ombudsman should not have reversed its Feb. 10, 2009 ruling that had affirmed the findings of the DOJ.

She also said that based on the statements of credible witnesses, there was probable cause to file the murder charges against the Natividads and Peralta.

According to the Ombudsman, the DOJ ruling should have been affirmed outright because the Natividads and Peralta filed their motions for reconsideration too late. She said they only had five days to file the motion, and this period lapsed before they could submit their appeal.

Since the motions for reconsideration were filed late, the Office of the Ombudsman’s February 10, 2009 ruling affirming the DOJ’s findings had become final and executory.

Morales also said that even if the motions for reconsideration were filed on time, the Office of the Ombudsman should not have granted these.

She said witness Virgilio Malgapo, who had linked the Natividads and Peralta to the killing of the Pascuals, was credible even if he used to work for the Pascuals as a cockpit cleaner.

Malgapo had said that he was part of a meeting where the killing of the Pascuals was planned, and that among those present were the Natvidads and Peralta. He said he was tasked to open the cockpit gate for those who would carry out the killing.

According to Morales, said Malgapo had adequately explained why he had not immediately disclosed the identities of the Natividads and Peralta as among those involved in the killings. Malgapo had said that he did not come out immediately because he was afraid for his safety.

“Settled is the rule that failure to reveal at once the identity of the perpetrator of a felony does not impair the credibility of a witness, more so if the delay has been adequately explained,” she noted.

Morales also said a review of the records and the evidence showed that Malgapo had performed his part in the plot to murder the Pascuals based on the orders of the Natividads and Peralta.

His account of what transpired was also corroborated by other witnesses, she pointed out.