THE Negros Occidental's Provincial Prosecutor's Office has recommended the filing of two counts of murder against 10 suspects, including a policeman, linked to the killing of Board Member Renato Malabor and his bodyguard Leody Jomilla in June 2015.
The 24-page resolution dated February 12, which was obtained by the media Tuesday, March 8, was signed by Assistant Provincial Prosecutor Ma. Mehafee Sideño and approved by Deputy Provincial Prosecutor Maria Consolacion Bascug.
The resolution recommended the filing of two murder complaints before the court against the suspects together with unknown principals known only as “John Does” and “Peter Does,” as there was “sufficient evidence to engender the belief that two counts of murder have been committed,” and that the named respondents were “probably guilty of the same.”
On June 28, 2015, Malabor, 55, and Jomilla, 52, were shot dead outside a cockpit in Asenso Village, Barangay Guintubhan, Isabela town.
A month later, two murder complaints were filed by Senior Superintendent Samuel Nacion, former director of the Negros Occidental Police Provincial Office (Nocppo), and the widows of the victims, Araceli Malabor and Lorena Jomilla, with the Provincial Prosecutor's Office against the 10 suspects, including PO1 Robert Chloe Rito, who was relieved from his post at Isabela Municipal Police Station.
Nacion earlier said that seven of the suspects were identified while three of them remained “John Does” or “Peter Does” -- placeholder names for suspects who have not yet been identified.
Three of the 10 suspects were arrested in separate police operations last year.
Jacklyn Villaqer, 26, of Moises Padilla town, was arrested on July 9 for illegal possession of firearms, Felipe Juntarciego of Himamaylan City was collared on July 25 for illegal drugs and gunrunning, and Eduardo “Bongbong” Jugos Jr. of Binalbagan was arrested in a drug bust on September 15.
Other named respondents were Alias Taming, Alias Nonoy, Alias Jason along with “John Does” and “Peter Does.”
The resolution said the suspects, along with unknown principals, were “acting in conspiracy with each other, in consideration of price, reward, or promise, with treachery, evident premeditation and aid of armed men, taking advantage of nighttime to commit the offense, are probably guilty of the same and should be bound for trial therefore.”
Not true
The witnesses, based on their sworn affidavits, identified Rito as the gunman.
Rito, in his statement cited in the resolution, said he was on leave from June 22 to July 31 as he was attending to his sick child who was confined at Bacolod Adventist Medical Center.
He said he was surprised when he learned that he was tagged in the murder and vehemently denied the accusations.
The resolution pointed out that there was no dubious reason or improper motive as to why the witness would implicate Rito as the gunman as it was also corroborated by other witnesses.
The resolution stressed that the alibi of Rito did not check out.
“None of the defense witnesses corroborated Rito’s exact whereabouts at the time when the crime was committed. His absence from the crime scene was also established by negative evidence,” which was contradicted by several witnesses, the resolution said.
For an alibi to prosper, a respondent should prove that it was physically impossible for him to be at the crime scene when the crime was committed, it added.
Senior Superintendent William Señoron, Nocppo director, said his office has yet to receive a copy of the resolution, but he confirmed that Rito was still reporting at the provincial police headquarters in Bacolod City.
He said they would use the document in the filing of an administrative case against Rito.
Señoron added that they could not arrest Rito until the court issues a warrant.
Meanwhile, another respondent, alias “Taming,” who was later identified as Norlin Tejana, denied involvement, saying he was involved in a brawl when the incident happened. Juntarciego also denied links to the double murder.
Jugos, for his part, failed to file a counter-affidavit or submitted any evidence to refute the charge against him despite several motions for extension of time.
P1.7-million reward
Moreover, the resolution stated that respondent Villaquer, who confessed his participation in the killing, said the transaction to assassinate Malabor was hatched by Rito and Juntarciego for “P1.7 million reward from an unnamed principal or principals.”
Each of the suspects were supposed to receive P420,000 for the execution.
The resolution pointed out that it was a well-accepted jurisprudential rule that “denial and alibi are the weakest of all defenses because they are easy to concoct and fabricate. They are practically worthless against a positive identification made by a credible witness.”
Who’s behind this?
Araceli Malabor, the widow of the slain board member, urged Rito to reveal the mastermind.
“Tell us now who is behind you. We are appealing to you to tell us who ordered you to kill my husband. It was very painful,” she added.
Mrs. Malabor said that she just came from church when she received a copy of the resolution and that she was happy with the decision.
“We really thank the Lord for the initial justice given to the death of my husband,” she said, adding that she agrees with Governor Alfredo Marañon Jr. that the killing of her husband was politically-motivated.