CA upholds rap vs 2010 Bar blast suspect

MANILA, Philippines - The Court of Appeals (CA) has upheld the indictment of the primary suspect in the grenade attack that marred the September 2010 Bar exams at De La Salle University in Manila.

In a 17-page decision, the CA’s special fourth division affirmed the April 2011 resolution of the Department of Justice (DOJ) finding probable cause in the multiple frustrated murder and multiple attempted murder charges against Anthony Nepomuceno of the Alpha Phi Omega (APO) fraternity.

The CA rejected Nepomuceno’s contention that the affidavits of the witnesses presented by the National Bureau of Investigation (NBI) were inconsistent and that the identifications were questionable, saying the issues should be addressed during the trial proper.

The ruling, penned by Associate Justice Francisco Acosta, stated that “considering the suddenness of the incident and the overall ruckus attendant at the last Sunday of the Bar examinations, the slight inconsistencies in the statements of the witnesses are deemed natural.”

The CA further agreed with the DOJ that Nepomuceno was not able to demonstrate that it was physically impossible for him to be at the place of the crime when it happened.

There is a window of nearly three hours between the explosion and the date stamp on a receipt he presented to prove he was in Marikina, the DOJ said.

Associate Justices Noel Tijam and Agnes Reyes Carpio concurred in this ruling.