Joseph Mostrales swore before Senior State Prosecutor Theodore Villanueva and State Prosecutors Roberto Lao and Mark Jalandoni that he knew the contents of his confession, which also pointed to Superintendent Rafael Cardeño as the mastermind.
In an interview after the preliminary investigation, Mostrales told reporters he wanted to be covered by the Witness Protection Program. At present, he is under the custody of the PNP’s National Anti-Kidnapping Task Force (NAKTAF).
Mostrales stated in his May 15 affidavit, assisted by his lawyer Confessor Sansano, that he and his group took orders from Cardeño. He revealed he was given P20,000 for them to share equally for a "job well done."
Two of Mostrales’ alleged cohorts, Jaime Senteno and Erlindo Torres, also affirmed their statements which "corroborated" the assassin’s narration of facts, pointing to Cardeño as the brains behind the murder.
Cardeño remains at large, however, and was only represented by his lawyer Homobono Adaza who promised to "try to contact" his client so that he can swear personally before the fiscals on July 8 to the contents of his rebuttal.
Adaza tried to get an assurance from the prosecutors that his client would not be arrested, but did not get any. "We cannot speak in behalf of the Philippine National Police," Lao replied.
The three-man panel stressed they cannot stop the police from arresting Cardeño because a warrant for his arrest has already been issued by a Quezon City court with regard to a separate case of malversation of public property.
"This (murder) case is entirely different from that case," Lao pointed out. Adaza backed down, telling newsmen that should Cardeño post the P20,000 bail, then he will most likely appear at the DOJ on the next scheduled hearing.
Cervantes’ father, Rac, said it is "very unusual" for a lawyer not to know the whereabouts of his client. "He should come out and face the charges," he told journalists.
Lawyer Leonardo de Vera, who represents the Cervantes family, remains pessimistic, however. "How can we expect him to be here when this is a non-bailable case? He did not even post the P20,000 bail. This is just a dilatory tactic."
Adaza asked for 20 days to submit Cardeño’s defense, but the panel gave him only 12. Villanueva said that should Adaza fail to do so, they will resolve the case based on the evidence the PNP gave.
Apart from Cardeño, Mostrales, Senteno and Torres, the other respondents in the case are Eugene Radam, Diosdado Santos, Rodolfo Patino and Sonny Camacho. Patino, however, escaped from NAKTAF along with Pentagon leader Faisal Marohombsar.
Cervantes was gunned down at the corner of Times and Alabang-Zapote road in Pamplona, Las Piñas City.
He sustained a gunshot wound, from a 9 mm bullet, in his head. He was rushed to the nearby Perpetual Help Medical Center but didn’t make it alive. Two of his cell phones — a Nokia 9210 and 8310 — were turned over to the police.
Gunman Mostrales was positively identified by 31-year-old guard Michael Cataluña as the lone assailant who shot Cervantes point blank in a police line-up in Camp Crame.