In its 28-page decision, the CA reversed the ruling of Judge Zenaida Daguna of Manila RTC Branch 19 and set aside the information for murder filed against Buguey Mayor Licerio Antiporda Jr. and his son, Vice Mayor Lloyd Antiporda, for the 2004 killing of lawyer Franklin Tamargo and his daughter, Franciel Gaile.
The decision, issued by Associate Justices Lucas Bersamin, Martin Villarama Jr. and Monina Arevalo-Zenarosa of the CA’s seventh division last Nov. 10, a copy of which was obtained by The STAR yesterday, generally "nullified and set aside" the information for murder against the Antipordas filed by the victims’ relative, Harold Tamargo.
In addition, the appellate court also ordered Daguna "to desist from further proceedings" involving the criminal case filed against the Antipordas and their two co-accused.
The CA decision was in response to the Antipordas’ petition for certiorari, seeking to annul Daguna’s decision and to withdraw the arrest orders which the judge issued against them last May 15, which subsequently led to the arrest of the older Antiporda.
The Antipordas, who have been ruling the northeastern coastal Buguey town for years now, have maintained their innocence, claiming that the charges were purely political harassment.
Last year, Justice Secretary Raul Gonzalez, in a resolution, directed the Manila prosecutor’s office to withdraw the evidence that implicated the Antipordas in the twin killings.
He said the information for murder had no "corroborative value."
Gonzalez’s order was affirmed by Manila RTC Judge Cielito Mindaro-Grulla, who also dismissed the case due to "lack of probable cause," enabling the Antipordas to resurface after almost three months in hiding.
Last May, however, Daguna denied the DOJ’s decision by reversing Mindaro-Grulla’s earlier order. She also reinstated the arrest order for father and son.