Sandigan stops hearing of NBI men in shooting fiasco

The Sandiganbayan has ordered Regional Trial Court judge Augustine Vestil of Mandaue City to cease and desist from further hearing the criminal case against agents and civilian assets of the National Bureau of Investigation involved in the December 13, 2002 strafing of a van carrying off-duty resort employees.

The second division of the Sandiganbayan chaired by Justice Edilberto Sandoval issued a 60-day TRO against Vestil as an off-shot of the petition for certiorari and prohibition filed by the Ombudsman Visayas against the judge following his ruling preventing the anti-graft office from presenting evidence of the case, which are gathered out of his jurisdiction.

Lawyers defending NBI agents Angelito Magno, Arnel Pura, Danilo Garay, Rey Tumalon and Teodoro Saavedra and civilian assets Eric Ayag, Joey Cal, Rick Cruz, Noe Dimaunahan, Paul Lauro, Allan Magallon, David Pantano and Carlos "Boy" Soon earlier raised an issue of jurisdiction because the strafing incident did not solely happen in Mandaue City.

Defense lawyer Joey Luis Wee earlier prevented the direct examination of one of the prosecution's witnesses, Alfie Fernandez because part of it already happened in Cebu City, which he said Vestil no longer has jurisdiction.

Fernandez was among those in the van when allegedly shot at by the NBI agents believing that the vehicle belonged to a suspected drug trader.

He had narrated that the NBI agents fired at their van from A.S. Fortuna St. near Mabini until that part of the road near Archbishop Reyes Ave.

According to the defense, Vestil cannot proceed with receiving Fernandez's continued testimony because he, the judge, exercises no jurisdiction over that part of the national highway.

A.S. Fortuna St., the defense claimed, belongs to Mandaue City on one end and Cebu City on the other. The side of A.S. Fortuna near Archbishop Reyes belongs to Cebu City.

Being assigned to Mandaue, Vestil's judicial authority is limited only to the territorial boundaries of that city. The defense's objection was sustained by Vestil and eventually barred the prosecution from presenting evidence related to the incident already happened in the jurisdiction of Cebu City.

Vestil's ruling prompted the Office of the Ombudsman Visayas, which leads the prosecution panel, to file the petition for certiorari.

The Sandiganbayan however said that the 60 days TRO does not necessarily mean that they have already given due course to the petition because they have yet to determine the sufficiency of its form and substance.

The anti-graft court has given Vestil 10 days to file his comments on the petition pursuant to the Section 6 Rule 65 of the Rules of Court. The Sandiganbayan explained that the TRO was only issued so as not to render the petition moot and academic.

The NBI agents and assets were going after a suspected drug dealer on December 13, 2002 when they mistook the Plantation Bay vehicle as that of suspected drug lord Roberto "Obit" Hegremosa.

They blocked the resort's Mitsubishi van and rained it with bullets in Barangay Looc, Mandaue City.

The five employees of Plantation Bay Resort in Lapu-Lapu City were injured during the incident but luckily survived. Those injured were Michael Monsod, Sunshine Gregorio, Neneth Castillon, Carlo Cajoles, and Don Enabe. - Fred P. Languido