Court dismisses murder raps vs Yap, co-accused

A LOCAL court junked the murder case against First District Representative Melecio Yap Jr. and a civilian co-accused, Gregory Tuayon.

In a decision dated October 24, 2018, Bacolod City Regional Trial Court Branch 44 Judge Ana Celeste Bernad ordered the case dismissed for lack of probable cause to merit the issuance of warrant of arrests against Yap and Tuayon.

The judge said the two were dropped as party-accused in the case.

The case stemmed from the killing of Eric Matugas on July 11, 2011 in Barangay Mabini, Escalante City.

In a press conference over the weekend, Yap’s counsel, lawyer Ariel Malunes, said the testimonies of the witnesses failed to categorically narrate the individual participation or connivance of Yap and Tuayon or, if not, their common intent or design to commit the crime.

“It did not even state when and where the planning of kill Eric Matugas was transpired and on such planning, who will execute the killing of Matugas,” he added.

Malunes said five cases, one for frustrated murder and four murder cases, were filed against Yap.

Previously it was heard in San Carlos City but because of the inhibition of the judge there, the case was referred to the Supreme Court for re-raffling and appointment of a new judge to handle the cases. All the five cases were re-raffled and fall on Branch 44.

While in San Carlos City, the four cases were already dismissed under Branch 57 that includes three murder cases and one frustrated murder when they filed the judicial determination of probable cause, Malunes said. “That, according to the court, lacks probable cause and that there is no more need to issue a warrant of arrest against Yap and ultimately, the cases were dismissed.”

The complainant filed a motion for reconsideration. The five cases were transferred in Bacolod City and were raffled off to Branch 44, he said.

“At Branch 44, there are four pending motions for reconsideration that have to be resolved,” he added.

He said they have been waiting for the results of this murder case against Yap which is a non-bailable offense.

"Finally, on October 24, 2018, Branch 44 came out with the order regarding our motion for judicial determination of probable cause for Criminal Case 176303.

In its four-page decision, the court said that there is no probable cause against Yap and the other accused, Gregory Tuayon and there is no issuance of Warrant of Arrest,” he said.

“In other words, this case is also dismissed for lack of probable cause," the lawyer reiterated.

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