Sunday, May 11, 2008 Anti-crime crusader faces charge for allegedly coddling 2 suspects
A CRIMINAL complaint for obstruction of justice has been filed against the head of the Crusade against Violence (CAV) Visayas for allegedly offering protection to two siblings charged with frustrated murder.
Graft Investigator Philip Camiguing of the Office of the Ombudsman-Visayas is impleaded in the complaint lodged by lawyer Rex J.M.A. Fernandez before the Office of the Toledo City Prosecutor.
Fernandez attached the letter complaint of Nestor Alicaba to the charge and said Thelma Chiong and Camiguing are frustrating their bid to bring Allan and Ryan Igloria to court.
‘Uncooperative’
He said the refusal of both Chiong and Camiguing to cooperate comes even though the Office of the Toledo City Prosecutor already found probable cause to indict the Iglorias for the October 2005 attempt on Alicaba’s life.
Chiong, in an affidavit signed last Friday, confirmed that the Igloria siblings are under CAV’s protection. But this is because they are witnesses to the murder case the anti-graft office filed against Barangay Captain Eduardo Alicaba, Nestor’s father.
She denied harboring the Iglorias though, adding that the support the CAV provides does not include relocation. Moreover, the Iglorias are under the Department of Justice’s Witness Protection Program.
Chiong suggested that Fernandez instead check with the department.
Chiong said the frustrated murder case against the Iglorias is merely retaliatory.
Refusal
It was filed, she said, after the two refused requests not to testify in the murder case against Nestor’s father for the killing of Murphy Balmori in 2005. In that indictment, Eduardo was joined by several barangay tanods.
Balmori was in Toledo City to attend the town fiesta and benefit dance when Nestor and some barangay tanods allegedly ganged up on him and beat him, supposedly with the intent to kill him.
Balmori was able to fight off the first wave and ran to the Igloria home.
He was allegedly pursued, dragged out of the residence and shot, allegedly by Eduardo.
Chiong said a complaint was filed before the anti-graft office, which found basis to elevate it into a formal criminal case for murder before the Regional Trial Court of Toledo City. Camiguing was the assigned anti-graft prosecutor.
Fernandez, Chiong said, filed the complaint against the Iglorias after Eduardo got arrested by members of the Criminal Investigation and Detection Group while they were about to celebrate his reelection last year.
The complaint tagged the siblings for the wound Nestor got when he and Balmori were fighting.
The frustrated murder charge, she said, is just another ploy to prevent the two, particularly Allan Igloria, from testifying.
Still pending
“We are even wondering why it reached the court when our petition for review against the resolution of the prosecutor remains pending before the justice department,” Chiong said.
Allan has been diagnosed with cancer and is seeking treatment. He earlier asked to submit a deposition to the court so his testimony could be entered into the records in case his ailment becomes terminal.
Fernandez, Chiong said, has objected strenuously.
The complaint against Chiong and Camiguing are for obstruction of justice—to “knowingly or willfully obstruct, impede frustrate or delay the apprehension of the suspects” in an investigation by “preventing witnesses from testifying in any criminal proceedings.”
Camiguing is separately tagged for dereliction of duty by “maliciously (refraining) from instituting prosecution of violators of the law” and from “tolerating the commission of offenses.”
He is also tagged for usurpation of official functions by obstructing “the execution of any order or court decision rendered by any judge within its jurisdiction.”
He is also accused of violating the law he is bound to enforce, the anti-graft and corrupt practices act, particularly the provision about causing undue injury to any person. (KNR)
