In a six-page resolution, Gutierrez granted Alfelor’s motion for reconsideration questioning the authority of Calida to issue an earlier order during his stint as acting justice secretary.
Gutierrez said the Dec. 9, 2003 resolution which Calida issued was "bereft of legal force and effect for want of authority" since his takeover as acting secretary was itself under question then.
This, as Executive Secretary Alberto Romulo, in a memorandum, said Gutierrez should take the place of former Justice Secretary Simeon Datumanong, who was then attending a conference in Mexico.
Datumanong himself made the recommendation to Romulo but it turned out that he changed his mind and appointed Calida instead. Datumanong upheld Calida’s designation but this was not acted upon by Romulo.
Thus, without any official written authority from the President’s office designating him as acting secretary, Calida "cannot, even upon the recommendation of Secretary Datumanong, legally assume such a position and exercise the power and authority appurtenant thereto, such as the issuance of the assailed resolution," Gutierrez said.
Gutierrez said Datumanong’s earlier ruling dismissing the charges against Alfelor should be reinstated, as recommended by a panel of prosecutors.
Citing lack of evidence, the prosecutors junked the case which the National Bureau of Investigation (NBI) filed in March last year against Alfelor, Iriga City administrator Aldo Turiano and his wife Rita, Jessie Intia, SPO1 Armando Padi, the mayor’s farm manager Bong Gazmen, security guard Santiago Tampoco and Richard Nacario.
In a 13-page resolution, the prosecutors said the liability of the accused "cannot be established on the mere basis of allegation."
It disregarded the testimony of Alfelor’s wife, Madeleine, because court rules prohibit spouses from testifying for or against each other.
Alfelor was tagged in the killing of Department of Trade and Industry district officer Reynaldo Licup, his driver Geoffrey Remodo and car mechanic Rommel Barillos in Baao, Camarines Sur on Dec. 2, 2002.
Two men gunned down the three while they were inside a videoke bar. A witness, Eduardo Villanueva, tagged Intia as one of the gunmen.
The killing became controversial after Madeleine came out in public and accused her husband of having masterminded it.
Villanueva, however, later recanted his testimony and asked that he be released from NBI custody.
After several days, however, Villanueva again changed his mind and said he would testify against Alfelor and his co-respondents.
Noting his flip-flopping, the prosecutors assailed Villanueva’s credibility, saying his testimony could not be relied upon to nail down the respondents in such a highly sensitive crime as multiple murder.
It can be recalled that Calida presented Madeleine to the media after she sought his help in filing charges of physical and sexual abuse against Alfelor, her husband of 22 years.
She has sought the annulment of her marriage with Alfelor with the Quezon City Regional Trial Court, alleging her husband’s cruelty.
Alfelor ran — and lost — for Albay governor in the May 10 polls.