Friday, October 20, 2006 Court frees state witness in case over Yongco’s murder
THE state witness in the murder of lawyer Arbet Sta. Ana Yongco is now free.
Regional Trial Court (RTC) Judge Bienvenido Saniel yesterday ordered the immediate release of Eddie Ardita after he completed his testimony against Michel Favila, Master Sgt. Heracleo Rallestan and Nestor Carrol.
The defense tried to block the release of Ardita but they failed. They will be filing a motion for reconsideration within 15 days.
‘Improper’
Lawyers Orlando Salatandre, Noel Archival and Giovanni Mata said the order of release was improper. They said that Judge Saniel did not follow Rule 119, Section 17 of the Rules of Criminal Procedure, which states that the witness should first testify to determine if he is qualified to become a state witness.
“What happened here is contrary to the rule. Ardita was discharged and made as a state witness before making him testify in court,” Mata said.
But Francisco Amit, Ardita’s lawyer, objected to the statement. He said they wanted to present Ardita even if he was not yet a state witness but this was blocked by the defense who wanted the judge to rule first if Ardita is qualified to become a state witness.
“Now that he has qualified they want a reversal,” Amit said.
He also said he advised Ardita to remain under the custody of the Criminal Investigation and Detection Group 7 but not as a detainee anymore.
Witness protection
The lawyer is afraid for the safety of Ardita, whose application to be under the witness protection program is still being processed.
Ardita is the last witness of the prosecution, which rested its case yesterday.
They were given 20 days to file their formal offer of exhibits.
Ardita was the motorcycle-for-hire driver who owned up to his participation in the Oct. 11, 2004 killing of Yongco, the private prosecutor in the parricide case against former mayor and Philippine Benevolent Missionaries Association supreme leader Ruben Ecleo Jr.
Ardita executed an affidavit saying the Yongco murder was meant to ease the pressure on Ecleo.
Ardita had said that Favila arranged for his services on the morning of Oct. 11, 2004, the day Yongco was shot inside her home in Barangay Zapatera, Cebu City, for P10,000.
A mutual friend introduced him to Favila three days before, when he was invited for a drink.
He said Favila categorically told him they were going to attack someone who was reportedly getting in the way of his master’s case.
“He also told me not to worry because if anything went wrong, somebody would help us,” read Ardita’s affidavit. (Katrina Nolasco-Tabanao, Correspondent)
