Friday, July 18, 2008 Court ends amparo trial of kidnap suspect
A QUEZON City court on Thursday terminated the proceedings of the petition for the writ of amparo filed by the family of arrested kidnapping suspect Police Chief Inspector Exequiel Cautiver.
This after Judge Alexander Balut of the Quezon City Regional Trial Court (RTC) Branch 76 upheld the legality of the arrest and continued detention of Cautiver in connection with the kidnapping and murder of retired pilot Demosthenes Cañete and driver Alan Garay in Cavite Province.
At the same time, Senior Superintendent Leonardo Espina, chief of the Police Anti-Crime and Emergency Response (Pacer), dismissed allegation that Cautiver was maltreated and tortured while under detention.
"It is beyond human experience and reason to subject Cautiver to torture, maltreatment or threats while in detention because he already executed a sworn confession that he even reaffirmed during the July 5 inquest proceedings, and during the July 11 preliminary investigation," Espina emphasized.
"I believe that the alleged injuries observed by a CHR (Commission on Human Rights) doctor on Cautiver were self-inflicted because that is the only thing he can think of to get out of the mess he is in. If he can plot a kidnapping and murder, how much more with physical injuries to himself just to get him off the hook," he said.
The Pacer chief explained that during the reaffirmation of the sworn statement on two occasions, Cautiver also reaffirmed his medical certificate while assisted by lawyer Evangeline Malabanan.
"Thus, he could have easily presented evidence to the contrary during these two occasions, but he did not, because his allegations did not happen in the first place," Espina said.
"As Pacer chief, I have already ordered an investigation into the allegation of Chief Inspector Cautiver and that of the of the CHR team. I am also taking note of the series of events that led to the arrest of Cautiver and the succeeding developments," he said.
This developed as Pacer endorsed a letter referral to Chief State Prosecutor Jovencito Zuño.
In the letter he requested the Department of Justice (DOJ) for the amendment of charges against Cautiver et al to the complex crime of kidnapping for ransom with murder after the recovery of the bodies of the victims and presentation of their death certificates.
Likewise, the families of Cañete and Garay are preparing to file administrative and criminal charges against Cautiver before the CHR, the Office of the Ombudsman and the Philippine National Police for the kidnapping and murder.
Cautiver was placed under arrest on July 4 after he was identified by the two arrested ransom takers, Alejandrito Entolizo and Gary Pateo, as the one who gave them instructions to pick up the P973,000 ransom at 4:30 a.m. at the corner of Malibay and Edsa in Pasay City.
Upon his arrest, Cautiver confessed his participation and pointed to former Dasmariñas vice mayor Victor Carungcong as the mastermind.
The following day, Cautiver et al were presented before Senior State Prosecutor Emilie delos Santos during which Cautiver affirmed the sworn statement he earlier executed with a detailed confession of his participation and the other accused.
During the preliminary investigation on July 11, Cautiver re-affirmed his earlier sworn statement and confession, and medical certificate and did not present any countervailing evidence. (VR/Sunnex)
