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Tuesday, September 06, 2005
Court frees alleged rebel on Guimbal raid
By Jay Dooma Balnig
THE Regional Trial Court has cleared Romeo Capalla, tagged by the Philippine Army as a New People's Army officer, from the charge of arson Monday.
At 2:30 p.m., Capalla alias Karyo, was released from the Iloilo Rehabilitation Center (IRC) after Judge Teodulo Colada of the RTC Branch 67 in Guimbal dismissed the charges against the former. His co-accused, Fernando Baldomero alias Gene, was also cleared of said charge. However, he remains detained because he has other pending cases.
In a five-page decision of Colada, the prosecution witness, Eva Maureen Orozco, a quality engineer and an employee of E. C. De Luna Construction Corporation, admitted during cross examination that she did not identify Capalla and other armed men during the burning of their batching plant last May 11, 2004.
She further admits that the affidavit she signed was a prepared affidavit that is 90 percent correct.
She added that her statement accusing Capalla and group for destructive arson was based on a newspaper report, which stated that the NPA owned up to the said burning.
The dismissal came after Human Rights Lawyer, Atty. Janne Baterna, filed a Demurer to Evidence on the grounds against the prosecution of denial of the defendants' constitutional and statutory rights, testimonies of witnesses right at the preliminary investigation based on a hearsay information and gross insufficiency of the evidence for the prosecution.
In a cross examination, prosecution witness, Orozco, was asked by the defense counsel, she answered, "I am not the one who heard it."
She added that, "Actually, when I signed the affidavit the statement was there, so, almost 90 percent of the affidavit was correct, so I signed it."
The defense also asked Orozco, "Did you see Romeo Capalla and his other co-accused when the burning incident was happened? At a distance?" Orozco answered, "No, sir".
The judge also asked Orozco, "Did you recognize the people? The ones carrying firearms?" and she answered, "I saw that they were armed but I can't identify their faces."
The court ruled that, "In summary, the charges against Capalla and Baldomero were based upon hearsay information and that all the prosecution witnesses have categorically stated that they were unable to identify any of the perpetrators.
The team of Iloilo Provincial Police Office in Oton arrested Capalla after a police operation conducted against the alleged top NPA leader in Panay Island.
During his detention at the Iloilo Rehabilitation Center, cause-oriented groups like Gabriela-Panay held a massive protest picket in front of the IRC.
(September 6, 2005 issue)
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