Thursday, July 07, 2005
Findings on kidnap case changed at least 6 times
By Karlon N. Rama
CEBU CITY -- The alleged P200,000 payoff behind the dismissal of the King kidnapping case barely scratches the surface of a proceeding that, if sources are to be believed, has seen more twists than a crooked road.
Former provincial prosecutor Cezar Tajanlangit had the case filed before the Regional Trial Court (RTC) in July 2002. Since then, his findings have been upheld, reversed, upheld and reversed again.
Certain quarters say money changed hands each step of the way. In one instance, a ranking justice department official supposedly received P2 million just to have the case dismissed.
This official has since left the service, but remains in government.
The latest twist in the King case was Justice Secretary Raul Gonzalez's June 20, 2005 resolution, ordering the matter "dismissed with finality." It was this resolution that triggered the P200,000 payoff controversy that Gonzalez, last July 4, ordered investigated.
Wiretapped
Lawyer Napoleon Dilag has been ordered to go on leave while the investigation remains pending. This, Gonzalez said, is a "preventive measure."
The National Bureau of Investigation (NBI) 7, through Acting Chief Medardo de Lemos, began its investigation into the alleged payoff Wednesday.
De Lemos said he wants a comprehensive background of the Go case and to secure a copy of a compact disc recording of the alleged wiretapped conversation between two persons, discussing the P200,000 transaction.
Unidentified parties circulated copies of the disc, as well as text messages identifying the persons on the recording, last week.
This was barely days after Justice Secretary Gonzalez issued his resolution that dismissed the case.
Sun.Star Cebu broke the story on the dismissal of the case last June 29, and also broke the story on the existence of the discs last July 4.
Gonzalez ordered the investigation after receiving a copy of the July 4 story.
'Kidnapping'
Tajanlangit, in his July 12, 2002 resolution, found probable cause to charge four persons before the Regional Trial Court (RTC) for the June 24, 2002 kidnapping of businessman James King. A P20-million debt allegedly triggered the incident.
Charged were Roderick Go, his wife Grace, his driver Henry Baritua and his police-assigned escort, Roberto Petillos.
But Gonzalez, in his ruling, assailed Tajanlangit's findings. He said the records were "bereft of any proof to show that a preliminary investigation was indeed conducted" as "there were no notices sent to all respondents and parties."
Respondent Grace Go, on Aug. 1, 2002, filed a petition for review against Tajanlangit's resolution before the Department of Justice (DOJ) in Manila. But, while this was pending, the case got elevated to the 24th branch of the Regional Trial Court.
Filing the necessary motion, respondent Roderick Go also got RTC Judge Olegario Sarmiento, on Dec. 5, 2002, to order a reinvestigation of the case. The reinvestigation was assigned to Assistant Provincial Prosecutor Ramon Carisma.
Carisma is a Manila prosecutor. His assignment to Cebu was upon Tajanlangit's request.
Higher
With the reinvestigation before Carisma ongoing, then acting justice secretary Merceditas Gutierrez, on Jan. 9, 2003, resolved the petition for review Grace filed. She upheld Tajanlangit's findings of probable cause for the filing of a case.
Sources say Tajanlangit and Gutierrez were close friends. It was Gutierrez who had Tajanlangit assigned to the Office of the Cebu City Prosecutor after the death of Acting City Prosecutor Jose Pedrosa.
Then, on Feb. 6, 2003, Carisma, citing Gutierrez's resolution as the "ruling of a higher authority," also ruled against Roderick in the court-ordered reinvestigation.
Roderick, on Feb. 21, 2003, filed a motion for reconsideration before the Office of the Provincial Prosecutor of Cebu against Carisma's resolution. It was denied last June 11, 2003.
Grace, for her part, filed a motion for reconsideration against Gutierrez's ruling-that was granted by Simeon Datumanong, who had replaced Gutierrez as head of the justice department.
Datumanong, in his March 27, 2003 resolution, found "no probable cause against Grace Tan Go" and directed the Office of the Provincial Prosecutor to withdraw the case against her.
No authority
The Kings filed a motion for reconsideration against Datumanong's order, but got denied last May 27, 2003.
Roderick, for his part, filed before the DOJ a petition for review against Carisma's June 11 denial of his Feb. 21, 2003 motion for reconsideration.
Chief State Prosecutor Jovencito Zuño, however, denied his petition last Aug. 6, 2003. Zuño promulgated the denial and signed "for and in behalf of the secretary of justice."
Roderick filed a motion for reconsideration last Aug. 21, 2003 but Zuño denied this too last Oct. 8, 2003.
He filed a petition to annul the resolution of Oct. 8. It was this petition that Gonzalez, last June 29, 2003, resolved in Go's favor.
"In this connection, it should be emphasized that the resolution dated Oct. 8, 2003, and the resolution dated Aug. 6, 2003, both signed and issued by the Chief State Prosecutor Jovencito Zuño under the above-entitled case and now being assailed by Roderick Go, were both signed and issued... without any authority," Gonzalez's ruling said.
Final
Gonzalez said Zuño's authority over appealed cases only extends to those with penalties below six years' imprisonment.
The annulment of Zuño's Oct. 8, 2003 resolution had a cascading effect on the previous rulings issued in the case.
"As a consequence, the joint resolution dated July 16, 2002, issued by then provincial prosecutor Cezar Tajanlangit...finding the existence of probable cause against all the respondents in conspiracy with each other for the offense of kidnapping...is hereby ordered reversed and set aside and, correspondingly, the charges against all herein respondents...are ordered dismissed with finality," Gonzalez's ruling read. (Sun.Star Cebu/Sunnex)
(July 7, 2005 issue)
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