‘Dismissal of kidnapping case not due to blotter’

Thursday, January 12, 2012

THE City Prosecutor’s Office said Wednesday the “police blotter” was not the main reason of the dismissal of the kidnapping case filed against the four suspects in the abduction of businessman Manny Boniao.

City Prosecutor Fidel Macauyag said the police blotter did not matter and was insignificant.

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“The non-appearance of Mr. Boniao is the main reason of the dismissal,” Macauyag told Sun.Star Cagayan de Oro.

Macauyag issued the statement after Senior Police Officer 3 Edmund Leyros of the Cagayan de Oro City Police Office (Cocpo) Intelligence Branch, who was the nominal complainant of the case, earlier issued displeasure over the dismissal of the case.

Leyros asked why the case was dismissed when there was a police blotter attached to the letter of complaint he filed on September 27, 2011.

A week ago, the City Prosecutor’s Office recommended the dismissal of the kidnapping complaint against the four alleged suspects identified as Abdul Raco of Bobong Madaya, Marawi City; Malik Guro of Ala Street, Marawi City; Enrique S. Goltiao of Apovel Subdivision in Barangay Bulua, Cagayan de Oro City; and Rudy “Gogona” Beniga, a resident of Zone 2, Barangay Kauswagan, Cagayan de Oro.

Based on the resolution, it was cited that the nominal complainant “did not submit a police blotter to show that the family of Boniao filed a complaint and to prove that he was indeed abducted and that ransom was paid.”

Leyros said the decision was “a big insult to the police.”

“They should not use that as an escape goat because in the first place, they have the power to compel Boniao to appear if they want to since it’s stated in the subpoena that a person may be penalized if he failed to appear, so why they did not use that power and penalize Boniao for not showing in the preliminary investigation?” Leyros said.

He added there was enough time for the preliminary investigation and that the prosecution need not rush its investigation.

Related to this, Macauyag assured to check the record of the case, particularly the affidavit-complaint filed by Leyros, to see if there was a police blotter attached.

“Titingnan ko ang record pero as I have said, may police blotter o wala, it doesn’t matter. What is important is the confirmation of Mr. Boniao that he was really kidnapped dahil he is the living witness of the crime,” he said.