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Wednesday, April 20, 2005
Court acquits ex-cop Durano of kidnapping
By Grecar Nilles
Sun.Star Staff Reporter
SINCE there was no convincing evidence to link him, former policeman Engilberto Durano was cleared yesterday of masterminding the kidnapping of Ryan James Yu almost four years ago.
But even with his acquittal, Durano cannot leave jail. He still has to serve his 20-year imprisonment term for the murder of Rogelio Bacalso in December 2000.
He also has a pending frustrated murder case for an alleged attempt on the life of Lloyd Carampatan, who witnessed Bacalso’s murder.
After hearing the verdict, Durano looked up, as if thanking the heavens for his acquittal, while tears began to fall down his cheeks.
But unlike the hearings in the past, there were no spectators or curious onlookers yesterday. No applause or shouts of protest were heard after the promulgation.
“I am very happy. With the decision, I can say that there is still a God and that we can still get justice. I only have to survive the (subsequent challenges) that would come my way. But the decision has given me hope and courage to move on,” said Durano, who was accused of planning Yu’s kidnapping last July 23, 2001.
Durano’s lawyer, Salvador Solima, considers the decision a “victory of justice.”
Regional Trial Court (RTC) Branch 22 Acting Judge Bienvenido R. Saniel Jr., in a 12-page decision, ruled that the prosecution failed to prove conspiracy between Durano and those who kidnapped the boy.
“The record is completely barren of any proof of conspiracy between the other accused and Durano,” the ruling read.
Accused-turned-state witness Oster Repollo’s absence mattered much in the former policeman’s acquittal.
Repollo, who testified that Durano planned the kidnapping, left the Criminal Investigation and Detection Group safehouse before Durano’s case could start.
He never returned.
It was Repollo’s testimony that convicted four of the five original accused in the Yu kidnapping.
Former RTC judge and now Court of Appeals Justice Pampio Abarintos earlier imposed death penalty on Roberto Galope and Jovencio Camado; 20 to 40 years in jail for Efren Hernandez; and 12 years for Edgar Manimog.
Lost witness
Henry Hernandez was acquitted of the charge.
But Judge Saniel ruled that Repollo’s testimony against Durano during the trial of the five original accused could not be used against the former policeman.
It was considered hearsay because Durano’s lawyers did not get the chance to cross-examine Repollo.
The prosecution earlier relied on witness Cecille Balmori, who then worked with HR Taxi, and said it was Durano who bought the Kia Pride car that was later on used during the kidnapping.
But Saniel said that even if it was Durano who bought the car, that does not mean he masterminded the crime.
“Assuming it is true that Durano was the one who bought the car, buying it does not make him liable for a crime… Neither was it shown by any evidence that Durano offered, allowed or authorized the use of the car in the kidnapping,” the ruling read.
Private prosecutor Dave Duallo said he will study Judge Saniel’s decision to check if there is still a remedy.
No one from the victim’s family attended the promulgation.
Flight
Duallo said the boy had a basketball tournament, while the boy’s parents had other important commitments yesterday.
Judge Saniel also said in his decision that flight does not manifest guilt.
PO1 Dindo Tajanlangit, who carried a warrant for Durano’s arrest in his murder case, earlier testified that they spotted Durano, along with Repollo, in a terminal in Valencia City, Bukidnon last Aug. 26, 2001.
Durano reportedly escaped, while Repollo was caught.
“Flight, however, raises no legal presumption of guilt. It may be explained and is even capable of several explanations or interpretations. Flight cannot be considered an inculpatory circumstance against Durano as it ‘does not fulfill the test of moral certainty and is not sufficient to support a conviction’,” Saniel said in his decision.
The judge said the prosecution must present “that degree of proof that leads to no other conclusion but conviction in an unprejudiced mind.”
Yu and a houseboy, Joel Bation, were walking on their way to school last July 23, 2001 when three persons on a motorcycle blocked them and grabbed the boy.
He was then transferred to the waiting Kia Pride and driven to a house in Lahug, Cebu City. His captors demanded P50 million as ransom, later reduced to P1.5 million.
They instructed the victim’s family to bring the money to Davao City, where the five accused were eventually arrested.
Yu was able to leave the house before the money could be handed to his kidnappers.
(April 20, 2005 issue)
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