After 26 years of the brutal murder of militant labor leader Rolando Olalia and his driver Leonor Alay-ay, the Department of Justice (DOJ) confirmed on Friday the creation of prosecution panel to put on trial the accused known to be elements of the Armed Forces of the Philippines (AFP).

Justice Secretary Leila de Lima issued Department Order No. 860 on October 12 assigning veteran State Prosecutors Theodore Villanueva, Edna Valenzuela, Hazel Decena-Valdez, Benito Sales 3rd, and Maria Ronatay to handle the case.

De Lima ordered the prosecutors to “pursue the conviction” of the perpetrators identified as former lt. col. Eduardo “Red” Kapunan Jr. and Col. Oscar Legazpi; ex-captain Ricardo Dicon; ex-sergeants Gene Paris, Edgar Sumido, and Dennis Jabatan; ex-staff sergeants Freddie Sumagaysay, Fernando Casanova and Jose Bacera; ex-colonel Cirilo Almario; ex-sergeants Desiderio Perez and Filomeno Maligaya; and Gilberto Galicia. All were known to be members of the Reform the Armed Forces Movement (RAM).

Olalia was the chairman of militant labor group Kilusang Mayo Uno (KMU) when he was abducted, tortured and violently murdered together with Alay-ay on November 12, 1986. The case was re-opened on DOJ 12 years later, on March 18, 1998. It was later turned over to the Antipolo City Regional Trial Court (RTC) but stalled after the accused cited former president Fidel Ramos’ Proclamation No. 347 or the amnesty for their rebellion, saying it extinguished their liability.

However, the Supreme Court ruled on March 13, 2009 that there was a prima facie evidence against Kapunan and Legaspi and negated their arguments. The warrant of arrest against them was only issued by the Antipolo RTC on February 3, 2012 after a series of motion for reconsideration by the accused.

Perez was the first to surrender on July 24 while Kapunan—a founding member of RAM—yielded on October 6. He is now under the custody of Philippine Army. Others still remain at large.

According to de Lima, the prosecutors were instructed to strongly oppose any motion of Kapunan to still be placed under military custody.

“His [Kapunan’s] continued military detention is untenable, questionable and indefensible. For one thing, he is not anymore in active service that can justify the Philippine army’s custody of him,” she said.

According to human rights group Karapatan, the creation of such panel is way behind time.

“The formation of a prosecution panel on the case of the Olalia-Alay-ay killing is long overdue. We hope that the wheels of justice will catch up with the historical debt of justice for Ka Lando and Ka Leonor and all victims of human rights violations,” Secretary General Tinay Palabay told The Manila Times.

Olalia and Alay-ay were found mutilated in Antipolo City, almost unrecognizable if not by a scar in Olalia’s leg. Their bodies show torture marks and gunshot wounds to the head, hogtied and stuffed with newspaper in the mouth.

Ka Lando, as fondly called by his KMU colleagues, was the second chairman of the militant labor organization.
WITH REPORT FROM MAE FAVILA