Bail for Kapunan in Olalia-Alay-ay murder trial challenged at CA

Retired air force officer Eduardo “Red” Kapunan Jr. (in white shirt) : Bail bid challenged PHOTO BY KRISTINE FELISSE MANGUNAY

MANILA, Philippines–Public and private prosecutors for the families of slain labor leader Rolando Olalia and trade union organizer Leonor Alay-ay filed a certiorari suit on Thursday at the Court of Appeals to contest an Antipolo City judge’s decision to grant bail for retired air force officer Eduardo “Red” Kapunan Jr., one of the primary suspects in murders.

During the filing, Olalia’s son, lawyer Rolando Rico Olalia, expressed his “tremendous disappointment” and “utter frustration” over the lower court’s orders, which granted Kapunan’s motion for bail despite “glaring evidence” that the evidence of guilt of Kapunan was strong. At the same time, the court denied bail for two lowly former sergeants on the basis of the same evidence, lawyer Olalia said.

Kapunan and the others accused are members of the so-called Reform the Armed Forces Movement (RAM) that staged a series of failed coups during the administration of President Corazon Aquino.

Last Oct. 18, 2013, Judge Ma. Consejo Gengos-Ignagala of the Antipolo regional trial court Branch 98 allowed Kapunan to post a P400,000-bail. The case was filed in the court way back in May 1998. After exhausting legal remedies, Kapunan surrendered to military authorities in October 2012.

Rico Olalia said the action of the judge, who has since inhibited herself from the case, was tainted with grave abuse of discretion.

“How can one of the masterminds be less responsible than a mere lookout who merely opened the gate of the safehouse where the victims were brought?” asked the lawyer, who personally filed the 27-page petition on behalf of his mother and Alay-ay’s widow seeking to annul the grant of bail.

“In sum, the evidence of respondent accused Kapunan’s guilt is patently strong not only to establish probable cause, not only to deny bail, but certainly also to convict him,” the petitioners said.

Counsels from the National Union of Peoples’ Lawyers accompanied the family in the filing while supporters from the Kilusang Mayo Uno, which the late Olalia used to chair, staged a small demonstration in front of the appeals tribunal.

NUPL secretary-general Edre Olalia, cousin of the slain labor leader and one of the private prosecutors, also deplored the grant of bail lamented how the victims’ families have suffered for almost three decades since the double murders took place.

“For one of the primary suspects to evade being confined in jail is felt as an upfront insult by the families of Ka Lando and Ka Leonor. It is a reflection of what the general public views as the current state of selective justice and double standard exemplified or practiced without compunction by the present administration,” the NUPL leader said.

He said some the perpetrators of the torture and murders of the labor leaders were still at large, despite being tagged by prosecution witnesses. Some alleged masterminds were even implicated in other “past shenanigans and present anomalies” such as the pork barrel scam, he added.

“They think they are perpetually off the hook for these murders. Now they profess immaculate innocence for serious charges of dipping their dirty big hands in the public coffers. They have an impudent perception that they remain untouchable by our justice system and can evade liability at all cost. Nonetheless, we are filing this petition because we will fight to the end in all fora and will never give up even if it takes generations,” Olalia said.