Murder case vs Dumpit up for reinvestigation

CEBU, Philippines – The Regional Trial Court has remanded the murder case of controversial policeman Adonis Dumpit to the Office of the Ombudsman for reinvestigation citing circumstances and evidence in the case that need to be probed deeply.

RTC judge Bienvenido Saniel Jr. granted Dumpit’s motion for reinvestigation and ordered the Office of the Ombudsman for the Military and Other Law Enforcement Offices to reinvestigate the case within 45 days.

Dumpit is accused of killing suspected robber Ronron Go last December 2004. The MOLEO earlier found probable cause to indict the policeman for murder for shooting Go, who was then a minor, even if the latter was said to be in a defenseless position.

Dumpit assailed his indictment by filing a motion for reinvestigation and prayed for the deferment of the issuance of his warrant of arrest citing violations of his right to due process.

Dumpit claimed that the Ombudsman for the Military resolved the complaint without giving him the chance to submit his counter-affidavit. According to Dumpit, had he been given the chance to answer the complaint he would have presented vital documents as well as testimonial evidence to show that what had happened was a legitimate encounter between him and armed robbers.

Dumpit said he would have also shown how Go and his gang allegedly committed a spate of robberies with impunity.

The Ombudsman objected to Dumpit’s motion for reinvestigation claiming that they have given him enough opportunity to submit his counter-affidavit. According to MOLEO, it afforded Dumpit all the opportunity but the latter failed.

Nevertheless, the ombudsman claimed that they used Dumpit’s counter-affidavit submitted before the National Bureau of Investigation as his defense.

Saniel, in his four-page order granting Dumpit’s motion, said that the findings of the Ombudsman that the victim was killed while in a defenseless position “appears to lack basis”.

“There is scant evidence to show that the victim was in a situation where he was being ‘cornered’ by the accused or being rendered unable to defend himself,” Saniel said in his order.

Saniel quoted a Supreme Court ruling in the case of People Versus Besana Jr. where the high tribunal said that the “fact that the injuries of the victim were inflicted from behind as the latter was running away does not necessarily establish treachery”.

According to Saniel, considering the gravity of the offense wherein Dumpit will not be allowed to bail, the case should merit a thorough investigation.

Janeth Badana, Go’s mother, however cannot accept the court’s ruling. Badana burst into tears yesterday afternoon upon receiving the court order granting Dumpit’s motion.

Badana said she is afraid that she might be killed before her son can get justice. According to Badana, Saniel’s ruling confirmed what Thelma Chiong of the Crusade Against Violence had told her that she will never get justice in any court in Cebu City.

She said Chiong advised her to accept settlement money from Dumpit. Badana recalled having been asked by Chiong how much she wants from Dumpit for her to make the necessary arrangement.

According to Badana, Chiong admitted to her that she owes a lot from Dumpit because of the latter’s help in the case of her daughters Marijoy and Jacqueline who were abducted, raped and killed more than a decade ago. — Fred P. Languido/BRP (THE FREEMAN)