DOJ clears VG Alvarez, Mayor Alvarez in Judge Arles slay but recommends filing of murder charges vs 7 other respondents

BACOLOD CITY , Philippines — The Department of Justice has dismissed the murder complaint filed against Negros Occidental Vice Governor Genaro Alvarez Jr., his son Ilog Mayor John Paul Alvarez, and Cauayan Vice Mayor Jerry Tabujara, in connection with the murder of Kabankalan Regional Trial Court Judge Henry Arles on April 24, 2012.

The DOJ resolution, received by mail by the Poblador, Bautista, and Reyes Law Office in Manila, the legal counsel of the Alvarez, at 1:10 p.m. last Monday dismissed the murder complaint against the three officials for “insufficient evidence.”

But the DOJ however recommended the filing of murder charges against seven other respondents: Marvin Salve, Gerald Tabujara, Rustom Puro, Alejandro Capunong, Jessie Daguia, and Eddie Fortunado, who are all alleged members of the Revolutionary Proletarian Army—Alex Boncayao Brigade (RPA-ABB); and Emmanuel Medes, administrative aide of the Ilog municipal government.

The DOJ resolution, dated November 19, 2012, was penned by prosecutor Vimar Barcellano, recommended for approval by senior deputy state prosecutor Richard Anthony Fadullon, and approved by prosecutor general Claro Arellano.

“It must be stressed that the purpose of a preliminary investigation, as provided for the Supreme Court, is to establish probable cause and to secure the innocent against hasty, malicious and oppressive prosecution. It is an inquiry to determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof,” the DOJ resolution reads.

“The dismissal of the charges against the three was granted without prejudice to the refiling of the same should additional evidence be obtained against the respondents,” the 16-page resolution said.

“The complainants may not have presented detailed evidence to show the presence of conspiracy and the extent of the liability of Medes, Salve, Puro, Daguia, Capunong, Tabujara and Fortunado but they were able to present enough proof to establish that the respondents acted in unison to commit the crime,” the resolution said.

“This is enough to establish probable cause to indict them and hold them for trial,” the resolution read. “However, with respect to the participation of the vice governor, mayor and vice mayor there is not enough evidence to establish probable cause for their indictment,” it added.

“Although it can be concluded that the killing of Judge Arles is well planned, its carrying out and execution has been precise and successful – typical of a killing with a mastermind,” the investigating prosecutor is duty bound to make sure that once the case reaches the court for trial, the evidence can stand conviction by the required degree of proof, the resolution said.

It noted that Mayor Alvarez, who is now running for vice mayor on May 13 election, was tagged as the mastermind in the killing of Judge Arles by the strength of the testimonies of Capunong, Fortunado and witness Rolyn Baylon. “However, the mayor was correct in pointing out that the extra-judicial confessions of respondents Capunong and Fortunado were inadmissible as evidence,” the resolution said.

“Records showed that the vice governor, mayor and vice mayor were all implicated in the killing of Arles because of the statements of Baylon in her affidavit. However, her testimony was not corroborated by any other witnesses and her allegations were all based on what respondent Puro told her,” the resolution said.

“Bluntly she has no personal knowledge about the crime. Thus, her declarations against the three public officials which are not corroborated should not be given credence,” it said. “It is clear that the complainant failed to prove conspiracy among all the respondents named in the complaint.”

Vice Gov. Alvarez, in a press conference at this residence in Bacolod Monday night, said: “We feel vindicated. This only proved that the case against us was politically motivated.” Mayor Alvarez, for his part, said: “I’m so happy. I thanked a lot of people who have continued to support us.”

Negros Occ. 6th District Rep. Mercedes Alvarez, daughter of the vice governor, who joined her father and her brother in the press conference, said, “This is good news for our family because we have been awaiting this since last year, we are very thankful, we are very blessed.”

The congresswoman said that, ever since the case started, they have maintained that they are innocent on the murder of Arles, who was gunned down by men riding in tandem while he was on his way home in Barangay Manalad highway of Ilog town.

The Arles family commemorated the first death anniversary of the slain judge with a Mass and a caravan leading to the exact spot where the judge was murdered. Two billboards bearing the judge’s photo and a statement calling for justice for his death were erected on the same spot.

“We are on the side of truth. Finally, it’s known that the Arles family has no evidence against us,” Rep. Alvarez said, adding that the DOJ resolution was “God’s gift for his brother Paul” who celebrated his birthday last May 4.  (FREEMAN)