By NITZ ARANCONCorrespondent
THE Department of Justice (DOJ) has dismissed the murder and frustrated murder charges filed by former congressman Vicente Belmonte Jr. against Iligan Mayor Celso Regencia and at least nine others in connection with the ambush of the then lawmaker’s group near the Laguindingan airport in 2014.
The case is the reason for Regencia’s detention at the Iligan city jail.
The justice department trashed the three counts of murder and four counts of frustrated murder filed by Belmonte, Mary Jean Andres, Agnes Dumaguing, Nemia Silawan, Noel Jaime Jo, SPO1 Rouel Viejo and Rio Don.
Cleared together with Regencia were Amador Baller, Rogelio Pitos Sr., Romeo Suganob, Dominador Sumanduran Tumala, Peejay Capampangan, Alfeo Arnoco, Julieto Oros Ansad, Dodo Silvano, and Rogelio Pitos Jr., et. al.
The charges were dismissed in a Dec. 9, 2016 resolution signed by senior state prosecutors Lilian Doris Alejo and Rassendell Rex Gingoyon. Prosecutor General Jorge Catalan Jr. approved it.
The resolution was an offshoot of a motion for reconsideration Baller, one of the respondents, and Regencia’s manifestation.
In the 15-page resolution, the DOJ reversed and set aside its July 6, 2015 decision, and directed the Quezon City Prosecutor’s Office to withdraw the case against Regencia and the other respondents.
The prosecutors said testimony of the witness, Dominador Tumala, would be unacceptable in court. They said Tumala is affidavit on Jan. 17, 2015 was made without the witness being assisted by a lawyer.
Prosecutors also said Tumala has not directly linked Regencia and the other respondents to the ambush, and his statements were “hearsay.”
The DOJ noted that Regencia and Tumala do not personally know each other, and the evidence presented by four police officers who arrested Tumala in Barangay Gasi Laguindingan, Misamis Oriental, on Dec. 13, 2014 were allegedly “fabricated.”
On Dec. 15, 2015, PO1 Jessy Cruz and PO1 Elias Genilla executed affidavits to claim that it was untrue that they seized from Tumala an M-16 rifle and grenade that were used in the Dec. 11, 2014 ambush.
They said what they found in Tumala’s possession were his cellular phone and wallet which contained P1,000 in cash and a residence certificate.
The other two officers who arrested Tumala were SPO3 Genovivo Caseres, and PO3 Reynaldo Teves.
Cruz and Genilla also alleged that it was a ranking official of the Criminal Investigation and Detection Group (CIDG) identified as “Col. Tagum” who told them what to state, and to fabricate the evidence against Regencia.