Court dismisses double murder charges vs Makabayan 4
The Palayan Regional Trial Court (RTC) dismissed the double murder case against National Anti-Poverty Commission lead convenor Liza Maza and her fellow former Makabayan bloc representatives Satur Ocampo, Teddy Casiño and Rafael Mariano.
In a decision dated August 8, Palayan City RTC Acting Presiding Judge Trese D. Wenceslao ordered the dismissal of the cases and quashed the warrants of arrest against the four.
“[C]onsidering that the evidence on hand absolutely fails to support a finding of probable cause against the accused-movants, the Motion for Reconsidetion (of the Order dated July 11, 2018 with Prayer to Quash Warrants of Arrests) is hereby GRANTED,” Judge Wenceslao ordered.
“Consequently, the Warrants of Arrest issued on July 11, 2018 under Criminal Case Nos. 1879-P and 1880-P against Saturnino C. Ocampo, Liza L. Maza, Teodoro A. Casiño and Rafael V. Mariano are QUASHED. The instant cases are DISMISSED as to the said accused-movenats,” he added.
Wenceslao, however, ordered that the arrest warrants against more than a dozen others who did not ask the court for reconsideration stand.
The four opposition leaders were ordered arrested by Judge Evelyn Atienza-Turla last July 11 after reversing her 2008 decision that the case does not meet her standards in finding probable cause.
Atty. Rachel Pastores, counsel for the four accused, said the case is pure harassment as the complaint was not even subscribed before a public prosecutor before it was filed.
“The complainants swore before the Philippine National Police and not to a public prosecutor. It was irregular,” Pastores said.
A Cleotilde Peralta and an Isabelita Bayudang alleged Ocampo, Maza, Mariano, Casiño and 18 other activists met in 1998 to plan the assassination of former Bayan Muna (BM) members who have left the party.
Peralta said her husband was ran over and killed in 2001 while Bayudang said her husband was shot to death in 2004 upon orders of the four accused and others.
In 2016, however, Peralta and Bayudang were found liable for damages in a civil suit and were ordered to pay P325,000 to Ocampo by Quezon City RTC Branch 95.
The QC RTC said Peralta and Bayudang lied when they alleged BM was already existing in 1998 when it was in fact created only in 2000.
The two complainants were ordered to pay damages to Ocampo, but have yet to abide by the court decision.
The two complainants have not appeared in court since then.
Peralta and Bayudang’s petition to have Bayan Muna disqualified using the same allegations was also dismissed by the Commission on Elections in 2008. # (Raymund B. Villanueva)