Release of RPA-ABB Hitmen in Arles Murder Case No Longer News

From the Negros Daily Bulletin (Jan 7): Release of RPA-ABB Hitmen in Arles Murder Case No Longer News

Deficiencies in the country’s justice system has resulted in the release of Eddie Fortunado, and the other suspects in the alleged murder case of Kabankalan RTC Judge Henry Arles, lawyer Frank Britanico, brother-in-law of the murdered magistrate, said in a text message to NNF/NDB after the suspect’s release last week on legal issues. Earlier, Fortunado had placed himself under the custody of the NBI supposedly for protection and a while later sought his freedom temporarily through his mother’s appeal.

Earlier, too, his co-accused the confessed triggerman Jessie Daguia and alleged conspirator, Alejandro Capunong who were accused of illegal possession of firearms by the NBI were also released. But all faced the main complaints of murder for the killing of Judge Arles.

Judge Fernando Elumba, of the RTC Branch 42 in Bacolod City had ordered Fortunado’s release ruling that there was no legal basis for his continued detention. But a pending complaint for murder remains and has purportedly been resolved by the state prosecutor assigned to the case, Vimar Barcellano. The resolution, according to Britanico, has been forwarded for review to the office of the government’s solicitor-general. It is later to be forwarded to DOJ Secretary Leila Delima.

Previously, too, Fortunado’s mother, Tess, had filed for her son’s release on a Writ of Amparo. Tess Fortunado had appealed for the release of her son under a Writ of Amparo because according to her, there was no more reason to hold him in the NBI office in Manila.

In his response to the issue of Fortunado’s release, the brother-in-law of the late Judge Arles, lawyer Frank Britanico who acts as the family’s spokesman, said that insofar as they are concerned, the release of Fortunado is no longer news to them. His release, Britanico said, is just an offshoot of deficiencies in the country’s legal system. Fortunado’s release, however, added Britanico, is not an infication of a strong legal basis because the evidence against him and the other suspects in the main complaint, the killing of Judge Arles, is strong.

The evidence against the suspects in the case, all ten of them is strong, said Britanico. Britanico said he and his family believe that warrants of arrest will soon be issued against the suspects in the Arles murder case. Jurisprudence says, once warrants of arrest are issued for a murder complaint which is unbailable, they will be detained without bail. The RPA-ABB hitmen and the political masterminds will be arrested, he said.

http://www.ndb-online.com/010713/local-news/local-news-release-rpa-abb-hitmen-arles-murder-case-no-longer-news