Sunday, November 02, 2008 Court finds evidence ‘insufficient’ against accused in Gingoyon slay
MORE than five months after two men were accused of killing Philippine Drug Enforcement Authority (PDEA) operative Priscillano Gingoyon Jr., the court ordered their release for insufficient evidence.
In a two-page order dated Oct. 30, 2008, Regional Trial Court Judge Toribio Quiwag dismissed the murder case against Michael Baclohan, 26, and Romulo Soreño, 38.
The two were accused of shooting to death FO3 Gingoyon, 45, last May 23. This happened around 8:35 p.m. while the victim was 300 meters from his house in Barangay Basak, Lapu-Lapu City.
Gingoyon was shot three times, while his companion Ariel “Paner” Cacha, 34, was wounded in the legs.
Right after the shooting, Soreño, who hails from Barangay Bankal, went to the police to clear his name when he heard he was one of the suspects. Police arrested Baclohan hours later in Barangay Pajac.
Judge Quiwag, in his order, only mentioned the testimonies of two witnesses: the victim’s daughter Katrina and the victim’s wife Evelyn, who both did not see the shooting.
The order did not mention Cacha’s testimony, referring only to the victim’s wife as saying that it was Cacha who told her what transpired.
At the time of the shooting, Cacha was quoted in the news as saying he had a good look at the gunman.
The order states that the entire testimony of the witnesses—the victim’s wife and daughter—did not identify the assailant. “The witnesses did not mention that the accused had any participation in the commission of the offense,” it says.
The content of their testimonies only refers to the killers’ civil liability.
The judge also noted that the evidence for the prosecution was insufficient to prove guilt beyond reasonable doubt. (OCP)
