Voting 15-0, SC clears way for mass-murder trial vs Satur, 4 others

From InterAksyon (Feb 11): Voting 15-0, SC clears way for mass-murder trial vs Satur, 4 others


Satur Ocampo

Voting 15-0, the Supreme Court on Tuesday cleared all hurdles to the trial of former party-list lawmaker Satur Ocampo and four other prominent figures of the Left in a Manila court where they face multiple murder charges.

The case centers around a mass grave in Leyte in which communist rebels supposedly buried comrades in a controversial purge in the 1980s. The Army dug up 54 skeletal remains in 2006.

Sought for a reaction, Ocampo told InterAksyon.com in a phone interview, "This is bad news." He said he will first consult with his lawyer.

The High Court ordered Branch 32 of the Manila Regional Trial Court to proceed with hearing the cases of Ocampo and others facing charges for the multiple murder of 54 members of the Communist Party of the Philippines/New People's Army (CPP/NPA).

All justices---Associate Justice Marvic Leonen concurred but with separate opinion—voted to dismiss the consolidated petitions of Ocampo, Randall Echanis, Rafael Baylosis and Vicente Ladlad assailing the proceedings of the criminal case being tackled by the Manila court.

The SC said the petitioners shall remain on temporary liberty under the same bail it granted them until the termination of Criminal Case No. 08-262163 or until the actual participation of Echanis, Baylosis and Ladlad as CPP-National Democratic Front (NDF) consultants in the peace negotiations with the government are concluded or terminated, whichever is sooner.

This case goes back to the discovery of a mass grave in Sitio Sapang Daco, Brgy., Kaulisihan, Inopacan, Leyte in August 2006 by members of the 43rd Infantry Brigade of the Philippine Army. The grave contained skeletons of individuals believed to be victims of "Operation Venereal Disease" (Operation VD) by the CPP/NPA/NDF to purge suspected military informers.

There were 12 complaint-affidavits from relatives of the alleged Operation VD victims, saying that their relatives had been abducted or were last seen with members of CPP/NPA/NDF. They were never seen again.

Petitioners were issued subpoenas and asked to file their counter-affidavits but it was only Ocampo who responded.

Petitioners accorded due process - SC

The SC found that the petitioners were accorded due process during preliminary investigation and in the issuance of the warrants of arrests.

The court also found that the political offense doctrine is not ground to dismiss the charge against the petitioners prior to a determination by the trial court that the murder were committed in the furtherance of rebellion.

In his separate concurring opinion, Justice Marvic Leonen wrote that he agreed with Chief Justice Ma. Lourdes Sereno that the case should be heard so that the trial court could properly examine the evidence raised by the accused by way of defense. However, citing "the interest of judicial efficiency", Leonen concurred separately to provide the observation that acts of violation of RA 9851 could not be absorbed in the crime of rebellion. 

15 victims named

On February 16, 2007, the investigating prosecutor recommended the filing of an Information for 15 counts of multiple murder against 54 named members of the CPP/NPA/NDF, including petitioners for the death of the following:

1. Juanita Aviola
2. Concepcion Aragon
3. Gregorio Eras
4. Teodoro Recones Jr.
5. Restituto Ejoc
6. Rolando Vasquez
7. Junior Milyapis
8. Crispin Dalmacio
9. Zacarias Casil
10. Pablo Daniel
11. Romeo Tayabas
12. Domingo Napoles
13. Ciriaco Daniel
14. Crispin Prado
15. Ereberto Prado

The information was filed with Branch 18 of the RTC in Hilongos, Leyte, where the presiding judge found probable cause to issue warrants of arrest against the accused, including the petitioners, with no recommended bail for temporary liberty.

Political offense doctrine invoked

Ocampo then filed a special civil action before the SC, questioning the order of the judge and asked for unconditional release from detention. He invoked the "political offense doctrine," where a common crime such as murder is absorbed by a political offense like rebellion when the common crime is committed as a necessary means.

Ocampo's case was set for oral arguments on March 30, 2007, with the application of the "political offense doctrine" to the multiple murder charge filed against him being the main subject.

Pending the resolution of the High Tribunal, the lower court suspended the proceedings in the criminal case.

Echanis was then arrested by virtue of the warrant issued in 2007, prompting Echanis, Baylosis and Ladlad to question this arrest. These challenges were later consolidated with Ocampo's petition.

Baylosis and Ladlad asked to be allowed to post bail, saying that they are consultants of the NDFP negotiating panel to the peace talks with the GRP, which the SC later granted. However, this is subject to the condition that their temporary freedom would be limited to the period of their actual participation in the peace negotiations.

http://www.interaksyon.com/article/80537/voting-15-0-sc-clears-way-for-mass-murder-trial-vs-satur-4-others