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Thursday, August 09, 2007
Court drops 2 in lady lawyer's slay
By Katrina N. Tabanao
CEBU CITY -- After losing a foot to diabetes, Michel Favila Sr., the suspect in the murder of lawyer Arbet Sta. Ana-Yongco, will have to face trial alone.
Cebu Regional Trial Court (RTC) Judge Bienvenido Saniel Jr. dismissed the murder case against Favila’s co-accused, Master Sergeant Heracleo Rallestan and Nestor Carrol.
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He also ordered the Lapu-Lapu City Jail warden to immediately release the two from detention.
The two were dropped as accused after Saniel granted the demurrer to evidence filed by lawyer Noel Archival. A demurrer to evidence is a pleading for the court to dismiss the case for lack of evidence.
The ruling disappointed members of the prosecution panel, with former Integrated Bar of the Philippines (IBP) president Democrito Barcenas heads.
Barcenas, however, pointed out that the dismissal of the case against the two will not affect the outcome of the case against Favila. The evidence they presented against Favila was different from the ones used against Rallestan and Carrol.
In a six-page order issued Wednesday, Saniel said the court is not morally convinced that Rallestan and Carrol conspired with Favila in killing Yongco in October 2004.
The court said the evidence presented by the prosecution, including those of state witness Eddie Ardita, failed to show that Favila, Carrol and Rallestan planned together and agreed to kill Yongco, private prosecutor in the parricide case against Philippine Benevolent Missionary Associations (PBMA) supreme leader Ruben Ecleo Jr.
Ecleo is accused of killing his wife Alona Bacolod.
“What the evidence seems to have established is only the mere presence of Carrol and Rallestan at the scene of the crime. There is no proof whatsoever showing that they actively participated or performed an overt act evincing that they joined Favila,” Saniel said in his order.
He also said that the evidence do not show that Rallestan and Carrol knew of Favila’s plan or that they were at the crime scene to support Favila to ensure “success in killing Yongco. If anything, the evidence does not demonstrate that they were armed.”
Saniel cited jurisprudence that conspiracy must be proven beyond reasonable doubt and one’s presence in the crime scene does not make an accused a conspirator (People vs. Drilon).
Another Supreme Court ruling states that when there is no proof of conspiracy, the mere passive presence of the accused at the crime scene does not make him a co-principal and that leaving the crime scene together with the accused who delivered the fatal blow on the victim is not evidence of conspiracy.
Saniel also said that Favila’s act of commanding Rallestan, through Ardita, to follow near Yongco’s store does not necessarily indicate a common design among them, as “obedience to a command does not necessarily show concert of design.”
“As already stated, no criminal act can be ascribed to Rallestan and Carol,” said Judge Saniel.
Rallestan was earlier convicted for illegal possession of firearms and was sentenced to four to five years in prison and ordered to pay a P15,000 fine.
This was aside from the cases for illegal possession of high-powered firearms and explosives against him and Carrol, which are pending before the Lapu-Lapu City RTC.
Rallestan and Carrol were arrested in 2004 at a checkpoint, together with six others PBMA members.
A police team had stopped the van they were riding and found two of its passengers—Rallestan, a member of the 53rd Engineering Brigade based at the Central Command in Cebu City, and Carrol—with guns tucked in their waistbands.
Police also found two bags containing four black vests marked “Swat” and “Cebu City”, four black fatigues, two Army camouflage pants, two combat packs, six pairs of combat boots, bandoliers, four bush hats with attached wigs, a pair of gloves, two more wigs and several PBMA paraphernalia.
Also recovered were three short Armalite rifles; an M16 Armalite rifle; six rifle grenades; a smoke grenade; an apple grenade; and 1,073 rounds of 5.56 mm (Armalite bullets). (Sun.Star Cebu)
For more Philippine news, visit Sun.Star Iloilo. (August 9, 2007 issue)
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