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Saturday, May 17, 2008

 

Sc gets appeal to reopen Kuratong case


The families of 11 slain members of the Kuratong Baleleng gang on Friday called on the Supreme Court to immediately act on their petition to reopen a multiple-murder case they filed against officers and men of the defunct Presidential Anti-Crime Commission.

The gang was a reputed organized-crime syndicate that specialized in bank robbery.

The 11 gang members were killed in an alleged shootout with agents of the presidential commission’s Task Force Habagat on May 19, 1995, in Quezon City.

The task force was then headed by former Philippine National Police chief and now opposition Senator Panfilo Lacson, who was charged, along with 33 other police officials, with multiple murder.

Any further delay in the resolution of the case will betray the Supreme Court’s “renewed commitment” in issuing writs of amparo, habeas data and habeas corpus to stop the continued rise in extrajudicial killings in the country, said Arno Sanidad, a lawyer for the families. The Kuratong Baleleng gang members were alleged to have been murdered in cold blood.

Sanidad and three other lawyers for the prosecution—Teddy Te, Jose Manuel Diokno and Christian Lim—represent the relatives of the victims.

They said the relatives of the slain gang members have obtained new pieces of evidence, including eyewitness accounts that many of the accused acted in conspiracy to intimidate them into signing affidavits of desistance to secure dismissal of the multiple-murder case then pending before Judge Wenceslao Agnir.

Sanidad said the Office of the Solicitor-General and the Department of Justice have considered the new pieces of evidence as sufficient to secure the conviction of Lacson and the other police officials.

He added that the eyewitnesses spoke of the planning and the execution of the arrest of the 11 gang members and the direct order given by Chief Supt. Jewel Canson to “rub out” the Kuratong Baleleng men. At the time, Canson was the highest-ranking officer responsible for the operation. He was then also chief of the National Capital Region Command.

Sanidad said the eyewitnesses claimed that Canson’s direct order was then relayed to Chief Supt. Romeo Acop, Senior Supt. Francisco Zubia and Lacson, then Task Force Habagat chief.

The families filed their petition for the reopening of the case in 2004. The High Tribunal earlier deferred action on the motion. In a resolution, it “noted” the criminal case. A “noted” resolution means that the Supreme Court sees no immediate need to resolve the case.

In October 2003, the Supreme Court remanded the multiple-murder case to Judge Ma. Theresa de la Torres-Yadao of Branch 81 of the Quezon City Regional Trial Court. That court, however, dismissed the criminal case for lack of probable cause.

The prosecution then asked the High Tribunal to remand the case to the trial court before which it will present new evidence against Lacson and the police officials.

In a resolution promulgated in April 23, the Supreme Court en banc also noted a second motion to resolve the multiple-murder case filed by Perfecto and Myrna Abalora, parents of one of the 11 slain members of the syndicate.
--William B. Depasupil And Ruben D. Manahan 4th

   

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