|
Tuesday, February 11, 2003
RTC judge rules for ex-cop Durano
By Grecar Nilles
JUST as his lawyer had anticipated, the kidnapping case against former policeman Engilberto Durano is going their way.
Regional Trial Court (RTC) Branch 22 Judge Pampio Abarintos yesterday denied the prosecution’s motion to admit Oster Repollo’s earlier testimony against Durano.
With Abarintos’ order, the prosecution is skeptical of their chances to get a conviction against Durano, who has two other pending criminal cases with different RTCs.
Assistant Cebu City Prosecutor Tolomeo Dinoy said they might elevate the matter to the Supreme Court just to compel Abarintos to admit Repollo’s testimony against Durano.
“I also think Abarintos erred in this order because there is already a new rule that allows a previous testimony to be used in another case,” Dinoy said.
At present, only former HR Taxi shop manager Cecille Balmori pointed to Durano as one of those who purchased a car, which was later used in the kidnapping last July 23, 2001.
“We bank on Repollo’s testimony so much. But with Balmori’s testimony alone, we might find ourselves in a difficult situation,” Dinoy said.
Abarintos, in convicting Durano’s four co-accused last Friday, primarily relied on Repollo’s testimony about the planning and execution of the kidnapping of Ryan James Yu.
In his three-page order, Abarintos said Section 14 of the Bill of Rights in the Constitution states that an accused has the right to “meet the witnesses face to face.”
Repollo had told the court during his testimony in October 2001 that Durano, whom he knew as Kevin Lopez, masterminded the operation.
However, before he could take the witness stand against the policeman, Repollo left the Criminal Investigation and Detection Group 7 headquarters, where he was staying, last December 2001.
There were speculations that the police let Repollo go so that the kidnapping case against Durano will not stick.
Durano was tried separately because he was arrested when the trial against five co-accused was about to end.
About a month after the kidnapping in Green Valley subdivision, Capitol Hills, Cebu City, Repollo was arrested at a bus terminal in Valencia City, Bukidnon.
Durano was arrested on Aug. 15 2002 at the Manila Domestic Airport, as he was about to board a flight bound for Bacolod City.
He had been a fugitive for about a year after he was charged with murder for shooting to death tricycle driver Rogelio Bacalso in December 2000, and frustrated murder for the attempt on the life Lloyd Carampatan, main witness to the Bacalso case.
Defense lawyer Salvador Solima had said the prosecution’s case will eventually crumble if Repollo does not show up to testify again against Durano.
Repollo had told the court that Durano met with them last July 21, two days prior to the actual kidnapping, and gave them specific roles to play.
He had said he was to serve as lookout during the kidnapping and hand the ransom note to the boy’s escort as soon as the boy was secured.
Repollo’s testimony sent to death row Jovencio Camado and Roberto Galope.
Judge Abarintos also sentenced Efren Hernandez and Edgar Manimog with imprisonment terms of at least 12 years and 20 years, respectively.
Henry Hernandez, the fifth accused, was cleared of the charge of kidnapping for ransom.
Abarintos, in denying the prosecution’s motion, said Durano’s constitutional rights will be violated if he allows Repollo’s previous testimony be used against the former policeman in the present case.
He also ruled that Rule 115 of the Rules of Criminal Procedure stipulates the right to confront and cross-examine the witnesses against the defendant at the trial.
“From the very import of the above-quoted provision, it is clear that the right of (Durano) to cross-examine (Repollo), which is both a statutory and Constitutional guarantee, cannot be complied with haphazardly, much less dispensed with sans an express waiver in writing by (Durano),” Abarintos said.
(February 11, 2003 issue)
Want Sun.Star news on your mobile phone? Click here. |
|
[ return
to top ]
[ home
]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
SUPERBALITA
WEEKEND
|
