CA gives DOJ go signal to prosecute frat member in 2010 Bar blast

The Court of Appeals has allowed the Department of Justice (DOJ) to pursue the prosecution of a member of the Alpha Phi Omega (APO) fraternity for multiple frustrated murder and multiple attempted murder for his involvement in the grenade explosion outside De La Salle University during the last Sunday of the 2010 Bar exams that left at least 50 persons injured.

In a 17-page decision, the appeals court’s Special Fourth Division, through Associate Justice Francisco Acosta, denied the petition filed by Anthony Nepomuceno. Nepomuceno sought the nullification of the April 27, 2011 resolution issued by Prosecution Attorney which found probable cause to file criminal charges against him before the trial court.

The appeals court said Nepomuceno’s argument that the affidavits of witnesses presented by the National Bureau of Investigation (NBI) are inconsistent and that positive identifications were questionable should be best threshed out during the trial.

“Thus, the perceived inconsistencies in the statements of the witnesses are not sufficient to debunk the investigating prosecutor’s finding of probable cause against Nepomuceno,” the CA explained.

“In fact, considering the suddenness of the incident and the overall ruckus attendant at the last Sunday of the Bar examinations, the slight inconsistencies in the statements of the witnesses are deemed natural,” it ruled.

The appeals court said they are not judging the merits of the case nor determining his culpability.

“At this point in time, these matters are best left to the proper court which is tasked to assess the merits of a party’s accusation or defense, as well as the weight and probative value of evidence presented,” the appeals court said.

Concurring with the ruling were Associate Justices Noel Tijam and Agnes Reyes Carpio.

Aside from multiple frustrated murder and multiple attempted murder, they also found probable cause to indict for illegal possession of explosive.