DOJ Usec.: Take cop to court

CEBU, Philippines - Department of Justice Undersecretary Francisco Bataan III has recommended the filing of a frustrated murder case against PO3 Leoncio Salubre for the alleged shooting and wounding of a caretaker of a farm.

“This quantum of evidence has been sufficiently established by the complainants. The positive testimony of the victim, which was corroborated by complainant Roberto Quines and witness Ruel Estrada that respondent Salubre was the one who shot Jerson Granton prevails over the alibi of the respondent,” resolution reads.

Bataan resolved the petition for review of the joint resolution of the Provincial Prosecutor of Cebu which dismissed the complaints for frustrated murder and attempted murder filed against the accused.

In his six-page resolution, Bataan said upon review he found sufficient evidence to indict accused only for frustrated murder.

“Wherefore, premises considered, the assailed resolution is partly reversed and modified. Accordingly, the Provincial Prosecutor of Cebu is hereby directed to file the necessary Information for frustrated murder,” resolution reads.

Naga City Prosecutor Napoleon Alburo then recommended a P200,000 bail for temporary liberty of Salubre.

In his affidavit, the victim said he was employed as a caretaker of a farm owned by Selene Repunte at sitio Soton, barangay Pangdan, Naga City, Cebu together with Quines and Estrada.

He said he knew Salubre being a resident of sitio Soton and assigned at the San Fernando Police Station.

However, he said on October 16, 2005 at 11:30 p.m. while on the way to a store owned by one Junior Capa with Quines and Estrada, he saw and heard accused shouting at them.

Granton alleged accused told them to stop walking and ordered to leave the land which they did not own.

He said when he turned his back on Salubre, Salubre shot at him, hitting him on the head.

He said he was taken to a hospital and confined for 14 days.

Quines in his affidavit stated that after Granton was shot, he tried to run away but another man wearing a bonnet pointed a gun at him.

“I went for his gun to prevent him from shooting me. However, while we were fighting for the gun, I saw Salubre coming …sensing I could not disarm the unidentified man … I immediately ran away,” he said.

He said he reported the incident to his employer.

Repunte said that “to shed light on the incident,” Salubre and Granton had altercation about the execution of a real estate mortgage agreement between Ricardo Alicante and her mother Estelita.

“After the execution of the mortgage, Alicante started to interfere in the harvest on the property. However, when he failed to harvest, a certain Cosme, father-in-law of respondent did the harvesting. This incident led to the respondent resenting the presence of caretaker Granton,” she said.

However, in the counter-affidavit of the accused, he denied the accusations.

“I vehemently denied as to the allegations contained in complainant’s affidavit for the same is false, spurious, fabricated, hearsay and bereft of truth and merit,” affidavit reads.

He said on October 16, 2005 he was attending vigil of the late Artemio Manguray laid inside the chapel of Santo Tomas located at Sitio Soton.

However, he said he heard three successive gunshots at the back of the chapel. He added barangay captain Isaias Alinsonorin told him to respond and to verify the incident.

He said he saw an unidentified person lying bloodied and saw a man holding a gun which he later identified as Quines.

Accused statements were corroborated by Alinsonorin, Ronila Sending and Spouses Virgilio and Primitiva Hubahib.

However, Bataan in his resolution stated the alibi and denials of the accused cannot thresh out the clear and convincing evidence presented by the complainant.