DOJ junks murder charges vs Negros vice gov, mayor, vice mayor
BACOLOD CITY, Philippines—The Department of Justice has dismissed the murder charges filed against Negros Occidental Vice Gov. Genaro Alvarez Jr., his son Ilog Mayor John Paul Alvarez and Cauayan Vice Mayor Jerry Tabujara for the killing of Kabankalan Judge Henry Arles in 2012 for “insufficiency of evidence.”
While the DOJ dismissed the charges against the three, the same charges could be filed against the three respondents if additional evidence against them would be obtained, according to the 16-page resolution penned by Prosecutor Vimar Barcellano on Nov. 19, 2012 and approved by Prosecutor General Claro Arellano.
However, the same resolution recommended the filing of charges against Revolutionary Proletarian Army-Alex Boncayao Brigade members Marvin Salve, Gerald Tabujara, Rustom Puro, Alejandro Capunong, Jessie Daguia and Eddie Fortunado, and Ilog government employee Emmanuel Medes for the murder of Judge Arles.
Arles was killed in Barangay Manalad, Ilog while on his way home at about 6:30 p.m. on April 24, 2012.
While the complainants did not present detailed evidence that showed the presence of conspiracy and the extent of the liability of Medes, Salve, Puro, Daguia, Capunong, Tabujara and Fortunado, they were able to present enough proof to establish that the respondents acted in unison to commit the crime, the resolution said.
This was enough to establish probable cause to indict them and hold them for trial, it added.
The DOJ resolution, however, noted that as to the alleged participation of the vice governor, mayor and vice mayor, there was not enough evidence to establish probable cause for their indictment.
According to the resolution, it could be concluded that the killing of Judge Arles was well planned, its carrying out and execution has been precise and successful—typical of a killing with a mastermind.
But the investigating prosecutor was duty-bound to make sure the case would have the required degree of proof once it reaches the court for trial, the resolution explained.
It noted that Mayor Alvarez was tagged as the mastermind in the killing of the judge by the strength of the testimonies of Capunong, Fortunado and witness Rolyn Baylon.
The extrajudicial confessions of Capunong and Fortunado were inadmissible as evidence, the resolution said.
Baylon, who implicated Vice Gov. Alvarez, Mayor Alvarez and Vice Mayor Tabujara in the killing, did not have direct knowledge of crime.
In addition, her statement was not corroborated by any other witnesses and was based only on what she said respondent Puro told her, the resolution added.
The Alvarez family welcomed the decision.
“We are vindicated. I have said from the start that we had nothing to do with the murder of the judge,” the vice governor said at a press conference called late Monday afternoon at his house in Bacolod City to announce the DOJ decision. Rep. Alvarez, Paul Alvarez and lawyer Danny Pondevilla were also at the press conference.
Philip Arles, a son of the judge, lamented the DOJ decision.
“It is a sad day for justice. It is a grave injustice to our family, our father and the people who believed in the case,” said Arles, who is running for congressman of the 6th district of Negros Occidental against Rep. Mercedes Alvarez.
However, Arles said they considered as a partial victory the DOJ decision for the filing of the case against seven of the 10 suspects.
But he believed there was something fishy about the dismissal of the charges against the three officials.
In a press conference held Tuesday, Arles said they might refile the case against the three before the end of the week, based on the testimony from of the suspects who has sent fillers to them. “We are dead set on seeing that the masterminds are placed behind bars. Our search for justice for our father will continue as long as we live,” he said.
