PAO appeals anew for Ninoy case retrial

The convicted killers of Sen. Benigno "Ninoy" Aquino Jr. and his military-tagged assassin, Rolando Galman, asked the Supreme Court yesterday to reconsider its decision denying their petition to reopen the 22-year-old case and allow them a new trial.

Chief public attorney Persida Rueda-Acosta had said that, based on American jurisprudence, the Aquino-Galman murder case could be reopened after newly discovered evidence showed the forensic evidence presented at the trial had misled the court.

"These recent findings can prove that the evidence used in the earlier trial had misled the court and therefore accounts for the new evidence," she said.

Acosta told reporters yesterday the 15 convicted soldiers had asked the Supreme Court to allow their PAO lawyers to orally argue before the justices in session that the new evidence could prove their innocence.

"We don’t want to preempt them, but based on jurisprudence, the SC justices can reopen this case at once if they want to," she said.

"We hope that this time they will consider recent findings of forensic experts and statements of new witnesses."

Acosta said a new witness, Senior Police Officer 1 Ruben Cantimbuhan, who drove the police van that transferred Aquino’s body to Fort Bonifacio, swore in an affidavit that he saw Galman shoot the former senator.

"Cantimbuhan is a material witness and a vital witness because he was the driver of the SWAT van waiting for Senator Aquino," she said.

"Why would they not include him in the case when they convicted the soldier who just carried (Aquino’s) body."

Acosta said the Supreme Court decision denying the soldiers’ petition for a new trial came "too fast," leaving the defense with little time to reply to the comment of the Office of the Solicitor General.

"Normally, the SC would wait for 10 days for the reply, but in this case, we were just shocked by the decision," she said. "We got a copy of the SolGen’s comment on February 28, and the SC issues a decision on March 8."

Acosta said the relatives of the 15 convicted soldiers have launched a signature campaign to rally public support for the reopening of the Aquino-Galman murder case.

"This signature campaign is important," she said.

"(The families) already sent us hundreds of signatures here and we could use them to show public support for our bid."

Convicted in the Aquino-Galman murder case are: former Capt. Romeo Bautista; former 2Lt. Jesus Castro; former sergeants Claro Lat, Arnulfo de Mesa, Filomendo Miranda, Rolando de Guzman, Ernesto Mateo, Rodolfo Desolong, Ruben Aquino, and Arnulfo Artates; former m/sgt. Pablo Martinez; former constable 1st class Rogelio Moreno; and former airmen first class Cordova Estelo, Felizardo Taran and Mario Lazaga.