Court orders charge reinstated vs Cagayan vice governor

MANILA, Philippines–The Court of Appeals (CA) has ordered a regional trial court to reinstate the frustrated murder charge and issue the corresponding arrest warrant against Cagayan Vice Gov. Leonides Fausto for allegedly strafing the car of a rival politician during the October 2010 barangay (village) election period.

In a decision dated Nov. 17 and released Friday, the appellate court’s Special 11th Division said Judge Edmar Castillo of RTC Branch 11 in Tuao, Cagayan, committed grave abuse of discretion when he junked the case against Fausto that had been filed by then Tuao Mayor William Mamba.

In June 2013, the judge, ruling on the petition for judicial determination of probable cause filed by Fausto, said the prosecutors had no case against the vice governor because Mamba was riding in a bullet-proof car and was not hurt.

The appeals court, favoring the certiorari or suit for review filed by Mamba, disagreed with the judge.

No harm done

“Veritably, when the RTC dismissed the criminal case for frustrated murder on the basis that there was no crime committed against Mamba on account of the latter’s admission that he did not sustain any injury whatsoever, it acted without or in excess of its jurisdiction in supplanting the public prosecutor’s findings of probable cause with his own findings of insufficiency of evidence and lack of probable cause,” the appeals court said in the ruling written by Justice Isaias Dicdican.

The other division members, Justices Victoria Isabel Paredes and Pedro Corales, concurred with the ruling.

The appellate court justices clarified that in granting Mamba’s petition, the court was not prejudging the criminal case or Fausto’s guilt or innocence.

“We are simply saying that as a general rule, if the information is valid on its face and there is no showing of manifest error, grave abuse of discretion or prejudice on the part of the public prosecutor, courts should not dismiss it for want of evidence because evidentiary matters should be presented and heard during the trial, they said.

Intent to kill

The justices said that if Fausto could not be charged with frustrated murder, then perhaps an attempted murder charge was possible. They said the fact that Fausto, as alleged, shot at Mamba’s group may already demonstrate that the vice governor had an intent to kill.

The appeals court said that even the state, through the prosecutors representing the people in criminal cases, should also be accorded due process.

“Thus, when there is no showing of nefarious irregularity of manifest error in the performance of a public prosecutor’s duties, courts ought to refrain from interfering with such lawfully and judicially mandated duties,” it added.

According to court records, Mamba’s and Fausto’s convoys encountered each other on a road in Tuao on Oct. 23, 2010.

Mamba said he saw Fausto alight from a sport utility vehicle in full battle gear with bandolier and baby Armalite. Fausto and a companion then opened fire at Mamba’s group, which sought refuge in the mayor’s bullet-proof Toyota Land Cruiser.

The shooting ended when the police arrived.

Mamba filed criminal charges against Fausto in December 2011. Department of Justice state prosecutor Phillip de la Cruz recommended that Fausto be charged with direct assault and frustrated murder.