Gingoyon murder case hits delays

The trial of the suspects for the murder of Pasay City Judge Henrick Gingoyon, who was killed late December, is yet to start.

This despite it has been nearly seven months since the Cavite provincial prosecutor charged four suspects for murder. Beatrice, the judge's widow, expressed her disappointment about prosecution foot-dragging in a talk to The Freeman yesterday.

In a January 19 resolution, Cavite provincial prosecutor Elmer C. Madriaga charged Rodolfo Cuer, Jr., Rudy Baclor, Mark Datas and Sahid Sulaiman for murder on the killing of Gingoyon on December 31 last year.

There were no John Does on the charge sheet but a report prepared by the Special Investigation Task Group Gingoyon mentioned "several John Does" as alleged accessories to the killing.

National Bureau of Investigation chief Ruel S. Bolivar and regional chief Police Supt. Gil Blando Lebin, Jr. signed the special investigation task force report that was presented to Cavite's provincial prosecutor on January 4.

The four accused are detained and have entered a plea of "not guilty" when arraigned on March 17. Beatrice said a pre-trial was set on May 26 but was reportedly postponed because witnesses were not present.

The pre-trial, which was reset to June 24, was also postponed once again because the prosecutor was indisposed.

Beatrice did not show up in court when it was reset again on July 10. The next schedule is on August 2.

Gingoyon's case has been raffled out to Judge Eduardo I. Tanguanco of RTC Branch 89 in Bacoor, Cavite, which is said to be one of heaviest docketed courts handling about 1,000 cases.

The case is docketed as criminal case number 13-2006-87 and was acknowledged as received 3:50 p.m. of January 30.

From sworn extra-judicial confessions, statements and special investigation reports, prosecutor Madriaga wrote that Cuer shot Gingoyon from the back while he was on his way home from a workout at Body Tone Fitness Gym in Bacoor, Cavite at about 12:15 in the afternoon of Dec. 31, 2005.

The gym is approximately 100 meters from Gingoyon's residence.

The gunman reportedly shot Gingoyon from a distance of "15 arms length" and when he saw the judge crumple from the first shot, he then "pumped two or three more bullets at him."

Cuer then boarded the motorcycle that Datas, known for the alias of "Mac-mac," drove and sped away.

Wrote Madriaga, "we resolve that the extra-judicial confession of Baclor clearly establishes the conspiracy among and participation of Baclor, Cuer, Datas and Sulaiman in the plot and killing of Judge Henrick Gingoyon on Dec. 31 at Soldiers Hill, Barangay Molino 6, Bacoor, Cavite."

The prosecutor found "no question on the admissibility of Baclor's confession" because he was assisted with competent counsel and that his statement were corroborated with sworn statements.

All four accused denied the charges against them in different counter affidavits arguing that "there is no iota of evidence of conspiracy among them." Cuer said the charges against him are fabricated and that he was arrested without a warrant. Under detention, Baclor said he was tortured and coerced into confessing to the crime charged. Datas and Sulaiman said they were in different places at the time of the killing. Sulaiman said he was arrested without a warrant and that he was subjected to "various torture" to confess that he was the mastermind of the murder.

The PNP's Special Investigation Task Group Gingoyon stated in their January 4 report that the alleged assailants were hired by "somebody" in the amount of P150,000. - Ruth G. Mercado