Court of Appeals stops Ruby Rose murder trial

MANILA, Philippines - The Court of Appeals (CA) has stopped the indictment of one of the principal suspects in the killing of Ruby Rose Barrameda, sister of beauty queen–actress Rochelle Barrameda.

In a nine-page ruling, the CA’s 11th division granted the relief sought by Manuel Jimenez Jr., father-in-law of Ruby Rose, and issued a writ of preliminary injunction directing Malabon Regional Trial Court Branch 170 Judge Zaldy Docena to suspend trial.

Jimenez, in his petition filed before the CA, accused Docena of committing grave abuse of discretion when he allowed Manuel Montero to be a state witness.

He also assailed Docena’s refusal to inhibit in the case despite the fact that the head of the prosecution panel, State Prosecutor Theodore Villanueva, was his former classmate at the Ateneo Law School.

The Office of the Solicitor General (OSG) earlier opposed Jimenez’s petition, saying that an injunction cannot be used to restrain a criminal prosecution since public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society.

The OSG also maintained that Montero’s discharge as state witness was made in accordance with the Rules of Court.

The CA temporarily stopped the trial while it resolves question on Docena’s decision allowing Montero to be a state witness. The appellate court explained that issues in the petition would be rendered moot if Montero would be allowed to continue with his testimony.

The appellate court noted that it only granted Jimenez’s prayer for a TRO on Dec. 8, 2011 and issued the writ of injunction on Feb. 6, two days before the TRO expired.

“Hence, there is no attempt on the part of the Court to deviate from the general rule in issuing injunctions to restrain criminal prosecutions,” read the ruling penned by Associate Justice Agnes Reyes-Carpio.

The CA added that there is a need to suspend the Barrameda murder case trial considering that the issue of Docena’s inhibition would have a bearing in the case.

Jimenez has denied any participation in the killing of Barrameda and insisted that Montero’s affidavit identifying him as the mastermind remains uncorroborated.

Jimenez noted that Docena’s predecessor, Judge Hector Almeyda, had previously denied the motion of the prosecution to discharge Montero as state witness.

Almeyda earlier ruled that Montero’s statements “could hardly strengthen the prosecution’s case” since no other pieces of evidence have been presented to corroborate his affidavit.

Aside from Jimenez Jr., the DOJ indicted his son, Manuel Jimenez III, Ruby Rose’s estranged husband; his brother, fishing magnate Lope Jimenez; Eric Fernandez; Lennard “Spyke” Descalso and Roberto Ponce.

Ruby Rose was reported missing on March 14, 2007 by her family. Two years later, Montero surfaced to confess to the killing and identified the others involved in the crime.

He also led authorities in recovering her body, which was dumped in the waters off Navotas City inside a cement-sealed container. Montero claimed that Lope ordered the killing of Barrameda, upon the instructions of his brother “for bringing shame” to the Jimenez family.