ON AUGUST 2, 2007, a high ranking female officer of the Commission on Audit (COA) was gunned down in Zamboanga City on her way to work. In a police report, the incident was witnessed by a street-sweeper named Banot

The next day, alias “Junjun” and alias “Tata” were arrested in a raid conducted by the joint forces of the police. They were positively identified by the eyewitness in a police line-up and Junjun was positive of gun powder.

After four days, “Tata,” the alleged driver of the getaway motorcycle executed a waiver to submit his counter-affidavit. Under Rule 112 of the 2000 Rules on Criminal Procedure and an Inquest Resolution was issued for filing of “Murder” in Court against Junjun only. But in the sworn statement of “Tata” he implicated three other persons to the crime.

Based on the Supplemental Resolution made by the prosecutor, an Amended Information was filed on August 7, 2007, approved by Chief City Prosecutor Ricardo G. Cabaron of Zamboanga City Prosecutor’s Office. The new suspects are alias “Jun Kabayo”, alias “Jimboy” and PO1 Gomez, a police officer.

On account of the returned subpoena as the three cannot be found, a warrant for their arrest was issued. On August 14, 2007, the joint elements of police and personnel from the DOJ led by the City Prosecutor arrested “Jun Kabayo” the alleged gunman.

“Jimboy” was arrested the following day. Only suspect PO1 Gomez remains at-large. On August 20, 2007, however, Kabayo executed an Extra-Judicial Confession implicating a certain Enrie Caraecle, President of a State College in Zamboanga City as the person who contracted them to kill the COA official.

Kabayo’s companion Jimboy likewise executed the same statement. Thus, on Auguct 28, 2007, a subpoena for Murder was issued to respondent Caraecle by a panel constituted to investigate the case.

Surprisingly, the two suspects earlier positively identified by eyewitness Banot, were released. On why, we have yet to know. On the other hand, Caraecle claimed the date where the alleged meeting between him and Kabayo took place, never happened.

He is not in Zamboanga City by that time, evident of the trip-tickets and other pertinent documents he presented. He averred the case against him is motivated by revenge of a lady employee of the school headed by him who was sacked from office.

Caraecle also complained about the active participation of the City Prosecutor in serving the warrant of arrest for alias Kabayo and Jimboy. More so in the extraction of the Extra-Judicial Confession not assisted by their counsel of choice.

He is questioning why instead of surrendering the living body of Kabayo to the Court, he was brought to the MIG9 for detention. The role of City Prosecutor Cabaron in police work is most unwarranted and ground to warrant his inhibition to the case. This is what Caraecle’s lamentation is centered at.

Besides, the Second Amended Information filed on August 7, 2007 is said to have no preliminary investigation conducted which preceded the issuance of a warrant of arrest for Jun Kabayo and PO1 Gomez. The 2nd Paragraph of Sec. 1, Rule 112 of the Revised Rules on Criminal Procedure, provides;

“Sec. 1, Preliminary investigation defined: when required, - xxx. Except as provided in Sec. 6 of this Rule, preliminary investigation is required before the filing of the complaint or information for offense where penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.

Murder is penalized with reclusion perpetua. If the Third Amended Information violates the right of the accused to due process, isn’t it a ground for the dismissal of his case? And isn’t the Court trying the case lacks the jurisdiction over the person of the accused under Sec. 3 ( C ) Rule 117 of the Revised Rules on Criminal Procedure? Just asking, ex merito justicias – see the title!

Leave a Reply