CA upholds dismissal of case vs. PBMA members

CEBU, Philippines - The Court of Appeals affirmed the decision of the lower court dismissing the case filed against some members of the Philippine Benevolent Missionaries Association PBMA for the death of Atty. Arbet Sta. Ana-Yongco.

Yongco was the lady lawyer who represented the Bacolod siblings in the parricide case they filed against their brother-in-law, PBMA Supreme Master Ruben Ecleo, Jr., whom they tagged responsible for killing their sister, Alona.

Associate Justice Socorro Inting denied the petition for certiorari filed by the prosecution panel that sought for the reversal of Judge Bienvenido Saniel, Jr.’s ruling dismissing murder charges filed against Heracleo Rallestan and Nestor Carrol.

“Nothing in the aforesaid decision shows that the trial court overstepped its authority in appreciating the case or that it committed jurisdictional errors,” the decision reads.

He added the decision was based on the evidence presented by both parties and the testimonies of the witnesses.

“Moreover, petitioner failed to show how the prosecution was denied due process during the course of the proceedings,” Inting ruled.

The prosecution filed a petition to set aside the orders dated August 3, 2007 and November 29, 2007 of the court for granting private respondents’ demurer to evidence and denying their motion for reconsideration.

The prosecution said the trial court made a mistake when it dismissed the case against the private respondents despite evidences presented.

Based on records, the state prosecutor filed amended Information (charge sheet) against Michael Favila, Sr., Eddie Ardita and private respondents Nestor Carrol and Heracleo Rallestan for the alleged conspiracy to kill lawyer Arbet Sta. Ana Yongco.

According to the prosecution, on October 8, 2004, Ardita was introduced to Favila, a member of the PBMA who asked if he can drive a motorcycle, to which answered in the affirmative.

On October 11, 2004 Ardita drove a motorcycle with Favila riding in pillion. When Ardita asked where they were going, Favila allegedly said they will kill someone. According to the prosecution, “Favila promised to pay Ardita P10,000 for driving him.”

Ardita allegedly asked Favila who their target is, the latter reportedly revealed they will kill Atty. Arbet because she was a hindrance to the case of their master.

Favila allegedly told Ardita not to worry because someone will help them.

When they arrived at Sikatuna St., near the Acacia Tree, Ardita was introduced by Favila to private respondents Rallestan and Carrol.

Ardita said he bought a stick of cigarette at Yongco’s store and asked the girl if Yongco was around.

While standing in front of the store, a woman passed by and entered a gate beside the store.

When the girl told him that it was Yongco, Ardita immediately signaled Favila who was standing across the street.

Favila then went to Yongco’s law office pulled a gun and knocked on the door while the private respondents remained at their post across the street.

Yongco was found dead, lying in a pool of blood after several gunshots.

But the defense insisted that on December 3, 2004 Carrol, Rallestan and Ardita were among eight PBMA members arrested by the Lapu-Lapu City Police for illegal possession of firearms, handguns, ammunition and explosives. (FREEMAN)