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Friday, May 23, 2003
4 Bakun farmers implicated in murder absolved
BENGUET -- Four farmers of Bakun town, who were accused of murdering four of their townmates in 1985, were acquitted from the multiple charges filed against them by the Benguet Provincial Police Office.
Acquitted were Malbecio Annot, 39, a native of Dada, Poblacion, Bakun; Leonardo Dolo, 73; and Joel Annot, 37, both residents of Kayapa, Bakun and Liston Dolo of Kayapa. They were arrested in separate occasions from 1999 until last year.
Judge Benigno Galacgac of the Benguet Regional Trial Court Branch 64, ruled that "a cautious evaluation of the testimonies of the witnesses would reveal that none of them is an eyewitness to the killing of the victims, nor was it established that the accused were the authors of the crime."
"The mind of the Court cannot rest easy upon the certainty of guilt of the accused in the light of the evidence for the prosecution. The accused need not prove their innocence, because that is presumed," the decision added.
The decision positively responded on the Demurer to Evidence submitted by human rights lawyers Francesca Claver, Maribel Corpuz-Uminga, and Bonifacio Cruz on January this year.
The demurrer was premised on grounds that the evidence presented by the prosecution is constitutionally and legally insufficient to establish even a prima facie case, more so to support guilt beyond reasonable doubt to merit a conviction of the accused.
Records showed that on November 3 and 5, 1999, joint elements of the Bakun and Benguet PNP, 1604th PNP Mobile Group, Benguet, and the Criminal Investigation and Detection Group, led by Chief Inspectors Jesus Cambay Jr., Ernesto Gaab, Leonardo Caymo and Benjamin Niwane, arrested three of the innocent farmers.
The farmers, however, maintained their innocence of the charges lodged against them, saying that they committed the heinous crime.
Meanwhile, Dinteg, an indigenous peoples law center that extended legal assistance to the victims and their families, rejoice together with the victims, friends, relatives and family when the decision was handed down last May 21.
In a press statement, Dinteg said that this positive development would help in ending the practice of State forces, particularly the police and military, in criminalizing individuals due to their political beliefs or falsely charging civilians of common crimes just to harass and intimidate.
The other counsels for the accused included noted human rights lawyers Jose Molintas and Willibroth Managtag. HFP
(May 23, 2003 issue)
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