Cases vs leftists on 3 Akbayan supporters

From Business World (Mar 25): Cases vs leftists on 3 Akbayan supporters
killed remanded to Nueva Ecija court

THE Supreme Court (SC) has tasked a Nueva Ecija court to handle the murder cases against former leftist lawmakers instead of remanding the cases to the provincial prosecutor.

Named as accused are former Gabriela Women’s Party Representative and now National Anti-Poverty Commission lead convenor Liza L. Maza, former Anakpawis Representative and now Agrarian Reform Secretary Rafael V. Mariano, and former Bayan Muna Representative Saturnino C. Ocampo and Representative Teodor A. Casiño. The four were indicted on the abduction and killing of Danilo Felipe in 2001; Jimmy Peralta in 2003; and Carlito Bayudang in 2004.

The three victims are supporters of Akbayan, a rival party-list of the accused.

In a statement, the SC Public Information Office disclosed the Feb.15, 2017 decision penned by Associate Justice Marvic M.V.F. Leonen which set aside the July 18, 2008 and Dec. 2, 2008 orders of Palayan City, Regional Trial Court Branch 40. The two orders said the criminal cases were to be sent back to the provincial prosecutor for a new set of preliminary investigation.

The SC’s Second Division further ordered Palayan City, RTC Branch 40 Judge Evelyn A. Turla to “conduct further proceedings with due and deliberate dispatch.”

The SC said that the earlier assailed orders to remand the cases were “improper.” The SC PIO added: “It gave merit to petitioners’ contention that respondent Judge’s action in remanding the case for further preliminary investigation lacks legal basis, considering they already submitted sufficient documents for her to rule on the existence of probable cause.”

Mr. Leonen, for his part, said: “[w]hen Judge Turla held that the prosecutors’ conduct of preliminary investigation was ‘incomplete’ and that their determination of probable cause ‘has not measured up to [the] standard,’ she encroached upon the exclusive function of the prosecutors.”

“Instead of determining probable cause, she ruled on the propriety of the preliminary investigation,” Mr. Leonen added.

The Court further reiterated that it was Judge Turla’s duty to “determine the existence of probable cause against the accused,” adding that the judge could even choose to disregard the report submitted by the prosecutors if she found it unsatisfactory or could order them to submit additional evidence, if necessary.

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