In a 7-page resolution, the DOJ through Justice Undersecretary Francisco Baraan III granted the petition for review of Edwin Crisologo Sr., husband of the victim to include Luna as co-accused in the case already with the Bangued Regional Trial Court Branch 2.
The DOJ reversed its earlier finding after witnesses including Cleverosa Zapata submitted her affidavit stating that she saw Luna talking to the victim. When the alleged gunman arrived, despite the presence of other people, he signalled with his right hand on top his head and pointed to the victim. After Luna left, the gunman, Totoy Buyao, shot Crisologo.
“The other testimonies, taken together, would tend to show a respondent who was not merely present at the scene, but one who brought [the other accused] and the gunman to the scene of the incident…This was an active, not mere passive, presence,” the resolution stated.
Crisologo was killed inside the Holy Spirit Academy in Bangued, Abra while monitoring the counting of ballots during the May 2007 elections.