DOJ set to present new witness in Kuratong case

The National Bureau of Investigation (NBI) said yesterday it is poised to spring a surprise state witness in case the multiple murder charges arising from the alleged summary execution of 11 suspected members of the Kuratong Baleleng gang in 1995 are revived.

This developed as the Department of Justice (DOJ) said it has started gathering evidence to firm up its position that a trial court’s decision dismissing the charges against 37 ranking police officials, among them former Philippine National Police chief-now Sen. Panfilo Lacson, was flawed and therefore, invalid.

NBI Director Reynaldo Wycoco said the new witness was a member of the PNP’s Traffic Management Group.

Wycoco also said the witness was with a police team that arrested some suspected members of the Kuratong Baleleng, including the gang’s leader Wilson Soronda, hours before they were reportedly killed in a shootout with the police.

"Once the case reopens, we can use the (witness’) testimony," Wycoco told reporters.

"But Senator Lacson is right, the testimonies of these witnesses have no value because the case has not been reopened. If and when the case reopens, that’s the time their statements have some value," Wycoco said.

He declined to identify the witness who allegedly contacted the NBI three months ago offering himself as a state witness.

The NBI chief also said another witness, Armando Capili sought his office’s protection through a non-government organization that has been openly criticizing Lacson.

In seeking NBI protection, Capili allegedly cited some familiar faces shadowing him since he testified as a prosecution witness.

Wycoco said they were evaluating Capili’s case before granting him government protection.

Meanwhile, he said the NBI would protect Capili, his wife and five children, the youngest of whom was born inside the NBI compound in 1995 and was named Baleleng.

"I consider it prudent that while we’re assessing the situation, he’ll be here," Wycoco said.

Capili revealed that one of the accused gifted him with a passenger jeepney in exchange for his retraction.

Wycoco said Capili’s retraction could be considered invalid if it could be established he did so "because of certain considerations."

He added that if Capili was found to have been taking advantage of government assistance, he could be imprisoned for perjury and his credibility as a witness would be questioned.

DOJ gears up for retrial

Justice Secretary Manuel Teehankee said state prosecutors would soon submit the evidence to Quezon City Regional Trial Court (RTC) Judge Ma. Theresa Yadao who was tasked by the Supreme Court to review the 1999 ruling handed by Judge Wenceslao Agnir tossing out the multiple murder cases.

Teehankee cited the testimony of Capili, a tabloid reporter, who refuted the police allegations that the suspects were killed in an encounter on Commonwealth Avenue in Quezon City on May 18, 1995.

Capili attested that the RTC trial of the case presided by Agnir was merely a moro-moro (for show).

"For now, we take note of Capili’s statements. But it has been our position that there were defects in the hearing of Judge (now Justice) Agnir," Teehankee told reporters.

"We will use all available information and gather all relevant information with regard to this and submit it to the court. All prospective witnesses will have to go through proper screening," he said.

In his sworn statement executed before the military’s Judge Advocate General Service, Capili asserted that Senior Superintendent Cesar Mancao III, one of the respondents in the case, told him Agnir’s trial was just a put-on.

In his affidavit, Capili quoted Mancao as telling him; "Mandy, atin na ang judge. Itong hearing na ito ay moro-moro lang (Mandy, the judge is already on our side. This trial is just for show)."

Capili said Mancao made the comment while they were on their way to the court from Mancao’s residence in Camp Crame.

Capili also quoted another respondent, Senior Superintendent Michael Ray Aquino as saying; "Mandy, dito galit-galit muna tayo...hindi tayo magkaibigan (Mandy, at this point we are enemies...we are not friends)."

Capili said he eventually learned that Agnir dismissed the multiple murder charges against Lacson and 36 other police officials and men.

Capili said unlike another witness, Corazon de la Cruz who was asked to reaffirm his retraction, he was not called to the witness stand.

In its ruling handed down on May 28, the High Tribunal directed to review Agnir’s decision to determine if it complied with the rules of court governing dismissal of criminal cases. – Cecille Suerte Felipe, Delon Porcalla