From the Catanduanes Tribune (Jan 7):
NPA guerilla convicted for murder of former comrade
Only one of the 19 members of the New People’s Army charged before the Regional Trial Court for the 2012 murder of an ex-rebel-turned-CAFGU-volunteer in Caramoran town went to jail last week following a guilty verdict read in the Bicol mainland.Richard Pongan, also known as Jeffrey Pongan and Ka Jeffrey, was found guilty of the crime of murder and was sentenced to suffer the penalty of life imprisonment and to pay the heirs of Joel Castor Pongan the total sum of P180,000.00 as civil indemnity, moral damages and exemplary damages.
The other accused, Michael “Ka Melwin” Guerrero, Warren “Rico” Pongan, Jerome or “Victor” Doe, Ka Kagawad Doe, Ka Ben Doe, Ka Joel Doe, Ka Arthur Doe, Ka Eric Doe, and eight other John Does are still at large.
In the ruling that was read at the sala of Legazpi City RTC Executive Judge Elmer Lanuzo last Dec. 18, 2017, Virac RTC Branch 42 Acting Presiding Judge Lelu P. Contreras gave credence to the prosecution’s sole witness, a former communist guerilla belonging to Ka Melwin’s group operating at the time in the Pandan-Caramoran area and who actually witnessed the commission of the crime.
Pvt. Victor Jake Espiritu told the Court that he both knew the victim and the accused since June 2004 since they were comrades in the NPA. He said that sometime in June 24, 2007, around 18 guerillas then temporarily stationed at sitio Tagdayon, barangay Maysuram, went to the house of Joel Pongan at around 2 P.M. and dragged him away while he was off from work as CAFGU volunteer.
According to his mother, her son was a former rebel who decided to leave the underground movement and go back to the mainstream of society, joining the Army militia when his surrender was recognized by the government.
“So many false hopes and promises, this was what my son was telling me why he left the rebel movement,” Consuelo had told the Army later.
Joel was brought to a spot about 250 meters away where Ka Melwin allegedly poked a gun at him and ordered him to lie on the ground. His hands were then tied by Ka Ben and Ka Warren while Jake was stationed 15 meters away as perimeter security.
Then the militiaman was brought near a brook at sitio Ikanbayong at around four to five kilometers away where Ka Melwin asked Joel about several members of the Army’s Barangay Intelligence Network (BIN). A pit was dug nearby as Ka Ben blindfolded Joey.
When Joel denied knowing the identities of the BIN members, Ka Ben ordered Ka Victor, Ka Jeffrey and Ka Eric to kill the CAFGU volunteer. Jake said the trio took turned stabbing Joel in the chest until he died, with his body dropped into the pit and covered with soil.
When Jake was caught by the Army and joined it in 2010, he told Lt. Jerry Doldol about the incident and led them to the burial site. The pit was excavated on Feb. 24, 2012, with the remains identified by his mother, then 60, and father Silverio, 64.
“This is my son,” said a tearful Consuelo upon seeing the skeletal remains presented to her family by soldiers of the 83rd Infantry Battalion. “This was exactly the T-shirt and the necklace he was wearing when he was forcibly dragged away by New People’s Army rebels from our house in 2007.”
In his defense, Richard Pongan, who was arrested at a cockpit in Baybay. Caramoran on July 21, 2013, declared that he was in Manila working at the construction of a residential house from May 25, 2007 until he returned a year later. He admitted that he knew Joel because they were cousins but denied any knowledge about what transpired on June 24, 2007/
The Court, however, brushed aside Richard’s alibi, stressing that Joel’s remains would have never been discovered if not for Jake who led the Army to the unmarked grave.
“If is highly impossible for Jake to have pointed the exact location had he not been present during the time that Joel was executed and buried in the same area,” Judge Contreras said. “In fact, if Jake had not been arrested by the Philippine Army and subsequently sided with the government, the location of the remains of Joel might not have ever been known.”
Richard’s denial of having committed the crime collapses in the light of Jake’s positive identification, which was categorical and not attended by any proof of ill motive, the Court added.
The prosecution’s evidence proved the qualifying circumstances of treachery, taking advantage of superior strength, with the aid of armed men who insure or afford impunity, and employing means to weaken the defense, it concluded.
http://www.catanduanestribune.com/article/40LM
