RTC takes in as state witness one of Yongco slay suspects

One of those indicted in the killing of lawyer Arbet Sta. Ana-Yongco was yesterday accepted by the Regional Trial Court as state witness to testify against the suspected killers, Michael Favila and two others.

Regional Trial Court judge Bienvenido Saniel Jr. accepted Eddie Ardita as a state witness and, on June 6, the prosecution will let him testify on his knowledge in the killing of Yongco inside her office at the corner of Sikatuna and Alcohol Streets on October 11, 2004.

Saniel rejected the opposition of defense lawyer Orlando Salatandre, who said Ardita could not be accepted as state witness because of the gravity of his offense based on his testimonies earlier.

In a two-page order, Saniel ruled that there is absolute necessity for Ardita's testimony to prove that there was conspiracy between Favila and the two other accused, M/Sgt. Heracleo Rallestan and Nestor Carrol.

The court rebuffed the argument of the defense lawyers and said that Ardita did not appear to be the guiltiest, because he alleged even that it was Favila who killed the lady lawyer that fateful morning.

The Revised Rules of Criminal Procedures allows an accused to be discharged from the information of the case and be state witness instead, if there is an absolute necessity for his or her testimony and there is no other direct evidence available for the proper prosecution of the offense. Except, however, when the testimony of the accused and his or her testimony can be substantially corroborated in its material points.

Salatandre opposed Ardita's discharge from indictment and becoming state witness because he could not qualify as such base on his earlier admission, in his affidavit, that he was a principal to the killing via indispensable cooperation.

In that affidavit, Ardita narrated that he used to drive a motorcycle-for-hire plying the Pit-os route, when Favila commissioned his services, three days before Yongco was killed, for P10,000.

He said he met Favila when a friend invited him for a drink. It was in that friend's house that Favila allegedly asked him if he could drive for him for a hefty sum.

Ardita's affidavit said Favila revealed to him his plan to kill Yongco because of her active role, as the lead private prosecutor, in his "Master's" parricide case.

Favila, has been a member of the Philippine Benevolent Missionary Association, an organization headed by Ruben Ecleo Jr., called "Supreme Master" by his followers, who has been indicted for parricide in the killing of his wife, Alona Bacolod-Ecleo on January 2002.

Salatandre, the lawyer of Ecleo and Favila in their respective cases, dismissed the Ardita testimony saying that anybody can fabricate stories.

Ardita's affidavit stated that he picked up Favila in Talamban at around 7 a.m. on October 11, and they proceeded to Sikatuna Street where he was introduced to two men, who Favila called as "Master Sergeant" and "Kano."

He later identified Rallestan as the Master Sergeant, and Carrol as "Kano" for his American mestizo features. The two also had a red light Yamaha motorcycle, said Ardita.

Ardita's allegations went along the testimonies of Jocelyn Gomez, a store helper in the area, that she saw Rallestan, Carrol and Ardita at the street corner moments before Yongco was killed. Gomez alleged also that Rallestan drove the other small motorcycle.

Ardita alleged that Favila first alighted across the street of Yongco's store and told him to go to the store, smoke a cigarette, and verify from the storekeeper if Yongco was inside her house and office.

A half-hour after confirming that Yongco was inside, Ardita allegedly heard successive gunshots then claimed seeing Favila coming up the corner, walking toward him with a gun in hand.

Ardita said he drove the motorcycle with Favila and they went back to Talamban, where he was allegedly paid P5,000 for the job. Favila allegedly promised to give the balance of the agreed amount at a later date. - Rene U. Borromeo