Wednesday, February 28, 2007
Dulay says Palace order on Salabas case 'not yet a victory'
By Erwin Ambo S. Delilan
THE reported order of Malacanang for the withdrawal of the criminal charges against certain police officers accused in the Salabas-Lomoljo-Suganob is "not yet a victory" said Western Visayas Police Director Wilfredo Dulay Sr.
In the reported Malacanang order, it appeared that Executive Secretary Eduardo Ermita reversed the findings of the Justice Department on the controversial four-year-old case.
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Ermita then affirmed the previous findings of the Negros Oriental Provincial Prosecutor's Office, which found the accused policemen as having nothing to do with the killings.
A copy of the order was sent to Bombo Radyo-Bacolod earlier.
It read in part, "The DOJ is ordered to implement the present order and that the public prosecutor in Oriental Negros be immediately ordered to withheld the criminal information/amended criminal information filed against respondents/appelants and the rest of the accused mentioned therein/within the period of 15 days from the receipt thereof and to report the implementation of this order."
But Dulay, who is a lawyer, said this is not yet a victory for the accused police officers because of the separation of powers between the executive and judicial branches of government.
He pointed out that the court can still disagree with the findings of Ermita and reject the order given to the DOJ.
"Meaning the court has all the right to refuse an order from the DOJ," added Dulay, adding, "That's why the wanted policemen are not yet off the hook."
Dilemma
Bacolod City Police Office (BCPO) Director Ronilo Quebrar said he is yet to receive a copy of the Malacañang order.
And even if he receives this, he added, he is still bound to wait for an order from the Regional Trial Court to recall the warrants of arrest issued against the suspects.
Quebrar also clarified that the suspected police officers could not immediately go back to service as they have been declared on absence without official leave (Awol) for quite a time now.
He said the policemen still need to go to the Police Regional Office in Iloilo to make an appeal before the PNP Regional Appellate Board on the administrative case filed against them.
"Because as far as I am concerned, these wanted policemen might have been dropped from the PNP roster because of their Awol status," Quebrar said, adding that this will be another dilemma that the suspects might be facing as soon as they surface.
He added that if the policemen will be cleared of this, he is willing to accept them.
"But for now, if I see them, I will arrest them because they're still wanted," he said.
Decide on merit
Although "shocked" by the report on the Malacañang order, lawyer John Orola, brother-in-law of slain ex-Pahanocoy village chief Eleuterio "Dodong" Salabas Jr., said he and private prosecutor Renecio Espiritu have yet to receive a copy of the order.
"Nevertheless, in case there is really an order we will leave it to the DOJ to decide on the merit of the order. After all, we also have our lawyer to take care of it," he said.
Asked for comment over a phone interview Tuesday night, Justice Secretary Raul Gonzalez said, "I have to see the order yet."
A source from Malacañang told Sun.Star Tuesday night that a copy of the order from the Palace has already been mailed to those concerned in the case Monday.
Probably, within this week or next week, it will be received by those concerned, the Malacañang source added.
Defense lawyer Ernesto Treyes said he also has to receive a copy of the order too.
4-year-old case
The controversial Salabas-Lomoljo-Suganob case is turning four years old this year. The three were killed on August 31, 2003.
The Salabases and Orolas, including the family of the two other victims Romulo Lomoljo and Maritime Instructor Ricardo Suganob, are still in quandary over the case.
The first and second sets of suspects cannot be found now.
The first set includes Police Chief Inspector Jimmy Fortaleza, Senior Inspector Jonathan Lorilla, SPO2 Freddie Natividad and POI Bernardo Cimatu, all of Bacolod, and Chief Inspector Clarence Dongail and PO2 Allen Winston Hulleza at Police Regional Office 6 in Iloilo City.
Police assets Manolo Escalante, Carlo de los Santos, Elma Mamerto , Elson and Elma Canete,Lorraine Albay, Ramonito Estanislao, Jude Montilla, Ronnie Herrera and Julie Flores were also included.
After a review by the DOJ, the following were also indicted for kidnapping with murder before the RTC: former BCPO Senior Inspector Bonifer Gotas, PO2 Dennis Belandres, SPOI Nelson Grijaldo, PO2 Ruel Villacanas, and a certain Richard "Tisoy" Salazar.For more Philippine news, visit Sun.Star Pangasinan. (February 28, 2007 issue)
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