2016 in the courts: A year of headline-hogging cases

THE year 2016 is a year full of controversial issues within the judiciary as it was affected by the new political mandates of President Rodrigo Duterte.

Some of the issues and cases of this year strongly revolve around Duterte’s influence, and some of the big reveals of his alleged administrative and criminal violations during his term as mayor.

War on drugs

The City Prosecutor's Office this year has recorded an increase in the number of drug-related cases in the first six months compared to the same period last year.

Davao City Prosecutor Nestor Ledesma, in a media interview on August 17, said they have received an average of 116 cases per month for drug related cases under inquest proceedings from January to June, which is higher by 17 cases as compared to the average of 99 drug cases recorded monthly by their office last year.

In an interview last December 29, Ledesma also validated that the highest number of complaints filed on inquest proceedings are on drugs.

One of the most hyped cases was the arrest of lawyer Lorenzo Ballesteros Ta-asan III who was later sued for drug charges.

Summing up the whole year, Ledesma said that it has been a good year for the CPO since they were able to significantly contribute to the over-all success of the Regional Prosecutor's Office, which ranked second among best performing regions in terms of speedy disposition of cases.

He said that the Davao City office resolved the bulk of the cases within the region having a 60 percent share of all the cases filed in the entire region. While the other 40 percent are distributed to the other prosecutors' offices scattered all over the region.

Matobato in the limelight

Among the news that drew much attention was the appearance of self-proclaimed Davao Death Squad hitman Edgar Matobato in a Senate inquiry last September.

Matobato, who was later identified a resident of Tagbaobo Samal, accused Duterte of allegedly creating a DDS, ordering the same to kill criminals and enemies.

In Davao City, Matobato's 2014 illegal possession of firearms case was placed into the limelight.

Judge Silverio Mandalupe issued a warrant of arrest against him with P60,000 bail for his non-appearance on October 4 arraignment.

Lawyer Jude Sabio, Matobato’s legal counsel was able to pay a reduced bail of 30,000 for his client's temporary liberty while he was protected under the care of Senator Antonio Trillanes.

Matobato again failed to appear in the next hearing date set on November 3, 2016 and was issued another warrant.

Matobato's illegal possession of firearms case was filed in 2014 after he was caught on June 19, 2014 by authorities carrying a Colt .45 unlicensed firearm near his residence in Familia Sagrada, Km. 12 in Sasa.

Meanwhile, Matobato is also facing kidnapping charges before the Samal Prosecutor sOffice, for his involvement on the death of Sali Makdum in 2002.

During the Senate hearing, Matobato confessed that he killed Makdum, whom he tagged as an international terrorist. It turned out that Makdum is the husband of his wife's cousin, whom he killed over a land deal.

In Digos, a frustrated murder charge was filed against Matobato by Abeto Salcedo Jr., a former adjudicator of the Department of Agrarian Reform in Davao Del Sur, who claimed that Matobato was the gunman who shot him in close range at the Department of Agriculture provincial office in Digos City on October 23, 2014.

Richard King

This year's significant progress happened on the murder case filed against former Davao Regional Intelligence Unit chief Leonardo Felonia and three others for the death of Cebu-based businessman Richard King.

The prosecution already presented its first witness named Boboy Roldan, a Vital-C nurse and food preparation in charge during the incident which took place at the Vital-C Building along Sobrecarey Street, in Barrio Obrero Davao City last June 12, 2014.

Roldan during the hearing identified Paul Dave Labang as the one who killed his boss.

Another witness Julius Buot claimed that he was the one initially asked by Felonia to Kill King.

The court verified his statement through an ocular inspection last

November 22, along with lawyers and prosecutors from different parties.

Based from previous reports, Labang confessed that Felonia ordered him to kill King.

Aside from the two, also facing charges for murder are Rommel and Rodel Dela Cerna.

Deaths of children

Relatives and immediate guardians of two children were also indicted by the City Prosecutor's Office for the death of two children who died from mauling.

The Regional Trial Court Branch 33 got the murder case of 2-year old John Earl Cagalitan.

Ronilo Alcain and Sara Jane Alcain were indicted by the CPO after they allegedly beat the child to death.

John Earl was actually Ronilo’s cousin who was left under their care while the child’s mom, Erlinda Cagalitan is working in Bahrain.

The child died last November 13, 2016.

Also now being heard at the Regional Trial Court Branch 54 is the parricide and murder charges filed against Grace Gilaga Agustin and Sonny Boy Mendoza for the death of three-year-old Kean Gabriel Agustin last August 24, 2016.

Kean Gabriel was placed inside a sack and beaten by his stepfather Mendoza.

Night market bombing

The Regional Trial Court 33 under Presiding Judge Lope Callo is handling the case against the suspects in the September 2, 2016 Roxas Night Market bombing.

Fourteen out of 22 alleged bombers were indicted by the City Prosecutor's Office last December 12 three months after the blast.

The accused will face multiple murder, multiple attempted murder and violation of the Human Security Act.

Indicted respondents were Abubakar Zulkifli, TJ Tagadaya Macabalang, Wendel Facturan, Musali Mustapha, Datu Masla Sema, Abu Hadid Dilangalen, Jessy Vincent Original, Zack Haron Lopez, Pendatum Coy Mahurom, one alias Cocoy, Abu Calid, Abu Solaiman, Jackson Usi, and Ausa Mamasapano.

Among those acquitted are Mohammad Chenikandiyil, Joab Balicas, alias Abrar, Abu Shuhada, Daniel Abu Utman and Jing Pagayao for lack of probable cause. In the resolution, it states that they are members of Ansarol Khilafa Philippines, an organization similar to Islamic State (IS), which operates in the country together with the Maute Group.

Only six of the 14 who were indicted are now in jail. Three are in the capital region while the other three are under the custody of the Davao City Police Office. They are TJ Tagadaya Macabalang, Wendel Apostol Facturan, Musali Mustapha, Zack Haron Villanueva Lopez, Jackson Mangulamas Usi, and Ausan Abdullah Mamasapano. The seventh arrested, Mohammad Chenikandiyil, was among those acquitted of charges.

Prosecutor's assassination

One of the big blow to the justice community was the assassination of Mati City Prosecutor Rolando Acido.

Criminal complaints were already filed against five men who were allegedly involved in Acido’s death.

Haran 15 case junked

The Department of Justice (DOJ) has dismissed the cases filed against the 15 militants who were accused of kidnapping and serious illegal detention after they helped Lumad victims seek refuge in 2015.

In a resolution, the DOJ reversed its ruling dated April 5 and granted the motion for reconsideration filed by respondents Rev. Jurie Jaime, Bayan Southern Mindanao Region (SMR) secretary general Sheena Duazo, Karapatan SMR secretary general Hanimay Suazo, Ryan Laniba, Tony Salubre, Jimboy Maciano, Gabriela Davao secretary general Mary Ann Sapar, Jaja Encosio, Pedro Arnado, Pasaka SMR chairperson Kerlan Fanagel, Sr. Stella Matutina, Sr. Restita Miles, Isidro Andao, Kharlo Manano, and Save Our Schools (SOS) Network spokesperson Rius Valle.

The 15 were accused of kidnapping and serious illegal detention of about 700 lumads at the Haran evacuation center at the United Church of Christ of the Philippines Compound in Davao del Norte on August 2015.

De Lima hogs the headlines

A human rights activist based in Sulu and another complainant filed cases before the office of the Ombudsman in Mindanao on Friday, November 18, against Sulu Vice Governor Abdusakur Tan, Senator Leila de Lima and two others for allegedly using their power to finance terrorists.

Bawgbug, a Sulu-based human rights group, chair Temogen "Cocoy" Tulawie along with Abner Salahi Tahil filed charges against Tan, de Lima and former National Commission head for Muslim Filipinos (NCMF) Mehol Sadain, NCMF Commissioner Edilwasif Baddiri and Tan's legal counsel, Wendel Sotto.

Tulawie filed a complaint for violation of Section 4 of the Republic Act 10168, otherwise known as an Act Defining the Crime of Financing of Terrorism, in relation to Section 3 paragraph E and F of Republic Act 319, otherwise known as "Anti-Graft and Corrupt Practices Act" and dishonesty, neglect of duty, grave misconduct and conduct prejudicial to the best interest of the service.

Based on the document provided by the camp of Tulawie, they are accusing the officials for knowingly and directly aiding, protecting, providing shelter, protection, transportation, and legal services and financing the release of Abu Sayyaf terrorists named Mohammad Sali Said, Jun Ahmad Ahadi, and Robin Sahiyal at the Special Intensive Care Area of Camp (Sica) Bagong Diwa in Taguig on February 15, 2013.

Aside from the judiciary department, the prosecutors, this year also marked many activist movements especially on land reforms, and concerns of Indigenous people’s groups and other minorities especially on the peace process.

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