CA denies father’s plea for custody of son who linked him to governor’s slay
MANILA, Philippines—The Court of Appeals dismissed the bid of the father of the minor witness of the National Bureau of Investigation (NBI) in the death Infanta Mayor Ruperto Martinez to secure the release of his son to his custody.
In his writ of amparo petition, the newspaperman based in Pangasinan insisted before the court that the parents should take care of the minor’s concerns and disciplinary matters.
His 16-year-old son has been placed under the witness protection program of the Department of Justice after he said in his affidavit that he was present at a meeting in El Pescador Beach Resort in Bolinao, Pangasinan and overheard a plot to kill Martinez who knew about the “itim na bato” or the nickel resources found in the area.
In his affidavit, he identified incumbent Governor Amado Espino Jr. and Infanta Pangasinan 1st District Congressman Jesus Celeste as well as his own father as among the persons present in the meeting. His testimony prompted the NBI to file a case for murder before the DOJ.
The father denied his son’s allegation saying his son’s testimony has put his family in danger.
He also accused the NBI and the Department of Social Welfare and Development and Akap-Bata Caritas of threatening his son’s life, liberty and security.
But the appeals court former 17th division in a decision dated June 17 said the father failed to substantiate his allegations.
“Petitioners did not mention a single instance in which [his son’s] life, liberty and security are being endangered or threatened by any of the respondents. The perils that they fear, which are the result of [his son] becoming a witness to a crime, come from unnamed elements that are not connected to respondents [NBI, DSWD and Akap-Bata Caritas],” the appeals court said.
“With more reason, then, that the Court is inclined to believe that [his son’s] security and safety will be better served if he remains at the custody of the DSWD,” the appeals court added.
The appeals court pointed that the son ran away from home fearing for his life and his father whom he charged with child abuse. The son was also traumatized to learn that the suspects in the death of Mayor Martinez are high-ranking officials in their province.
“This if [he] will be returned to his parents, there is even a greater chance that he will be exposed to actual and imminent danger,” the appeals court said.
The appeals court also refused to stop the DOJ’s formal investigation into the death of Mayor Martinez.
“Courts will not normally interfere with the prosecutor’s discretion to file a criminal case when there is probable cause to do so. The question of whether or not to dismiss a criminal complaint is necessarily dependent on the sound discretion of the investigating prosecutor and, ultimately, of the Secretary (or Undersecretary acting for the Secretary) of Justice,” the appeals court said.
Martinez was killed in front of his house last Dec. 15 in Cato village in Infanta. The alleged killers Ricardo “Kardo” Legarda and Richard Manuel are currently detained in Pangasinan Provincial Jail in Lingayen.
