SC affirms conviction of Jaylo, 2 others

MANILA, Philippines - The Supreme Court (SC) has upheld the conviction of former police captain Reynaldo Jaylo and two others for killing two Army officials and a civilian during a drug sting in Makati City in July 1990.

In a 15-page decision penned by Chief Justice Ma. Lourdes Sereno, the High Court’s First Division affirmed the April 17, 2007 verdict of the Sandiganbayan finding Jaylo and Privates 1st Class William Valenzona and Antonio Habalo Jr. guilty of homicide and the May 26, 2008 resolution denying their appeal.

The high tribunal dismissed the petition of the three convicts assailing the anti-graft court’s verdict and denial of appeal for the killing of Army Col. Rolando de Guzman, Maj. Franco Calanog and civilian Avelino Nepomuceno.

The high tribunal, in a ruling released last Friday, agreed with the Sandiganbayan that the appeal could not be given due course because the defendants failed to appear before the court when the verdict was rendered despite official summons.

The high court cited Section 6, Rule 120 of the Rules of Court, which provides that an accused who failed to appear at the promulgation of the judgment of conviction shall lose the remedies available against the judgment.

The Sandiganbayan’s First Division sentenced Jaylo, Valenzona and Habalo to serve up to 14 years in prison and ordered them to pay P50,000 to the heirs of each of their victims.

The case against another accused, patrolman Edgardo Castro, was dismissed since he died before the verdict became final and executory.

In their appeal, Jaylo, Valenzona and Habalo said they were denied their “substantive rights” when the court convicted them even in their absence.  

The Sandiganbayan, however, said the notices were individually sent to the defendants and their lawyer, the late former solicitor general Francisco Chavez.

No shootout

The case stemmed from a sting staged on July 10, 1990, during which the lawmen were supposed to buy 10 kilos of heroin from De Guzman and his colleagues.

The victims reportedly resisted arrest and shot at the lawmen.

Defense lawyers said there was a shootout, but the anti-graft court questioned their failure to submit the guns allegedly used by the victims and the absence of bullet holes and bloodstains on two cars used by De Guzman and his group. Jaylo claimed he shot De Guzman, who was hiding in one of the cars.

Jaylo is a former police officer who had admitted to numerous “kills” during his tenure.?He has been associated with former police general and Manila mayor Alfredo Lim.

Former President Gloria Macapagal-Arroyo appointed him as chief of the Presidential Task Force on Illegal Recruitment in 2004.