Widow urges reopening of husband’s murder case

3 MIN READ

By ARTHUR L. ALLAD-IW
www.nordis.net

BAGUIO CITY — The widow of a church worker killed in Ilocos Sur six years ago renewed her call to President Noynoy Aquino for the reinvestigation of the case of her husband dismissed by the Provincial Prosecutor on mere technicalities and what rights advocates descdribed as “irregularities.”

Dom-an Manegdeg, the wife of Ilocos – Cordillera Rural Missionary Program coordinator Jose “Pepe” Riveral Manegdeg III, urged that an impartial and fair reinvestigation be conducted on the killing of her husband. Philippine National Report (PNP) reports from San Esteban, Ilocos Sur showed that he (Manegdeg) was murdered along the highway in Apatot of that town on November 28, 2005.

Her call is based on supporting documents from the Ilocos Sur Provincial Prosecutor’s Office showing alleged irregularities on the dismissal of an information for murder filed against an Armed Forces of the Philippines’ Capt. Joel Castro, who was earlier identified by the lone witness as a perpetrator of the crime of murder.

Considered as rare in a province with many practicing lawyers, only one lawyer subscribed the counter affidavit of the respondent Castro and the affidavit of two other officials who served as his witnesses. The same lawyer also subscribed the affidavit of retraction by the lone witness in favor of the respondent.

The prosecutor’s documents identified lawyer Roman Mario V. Panem as the lawyer who subscribed the joint affidavit of Capt. Frederick Galang and Capt. Alexander Rodrigues which stated that the respondent Castro was in the Philippine Army Headquarters in Fort Bonifacio, Taguig City when the incident happened. Their affidavit was dated January 25, 2007.

Earlier on January 12, 2007, the same lawyer – Panem – subscribed Castro’s counter-affidavit with a prayer for dismissal. His affidavit denied all the allegations in the earlier statement by the lone witness Fenio Caceres, a tricycle driver who fetched Manegdeg from a resort and brought him to the Apatot highway.

Raising the eyebrows of Manegdeg’s kin and human rights advocates, Panem also subscribed on March 7, 2007 the supplemental statement of Caceres which totally repudiates his previous statements with the police identifying Castro as the culprit and now pointing out that Castro is innocent of the crime filed against him.

Comparing the above three documents, the signatures of Panem on the subscribed joint affidavit of Galang and Rodrigues and the counter affidavit of Castro are at least identical. The signature of Panem on the subscribed supplemental affidavit of Caceres showed a big difference.

Dismissed on mere technicalities

Questions were also raised in the resolution that trashed the murder information filed against Castro as a result of an investigation by Prosecutor Redentor C. Cardenas and approved by Provincial Prosecutor Jessica G. Villoria on March 30, 2007.

The said resolution stated that the police were involved in a fishing expedition. The resolution stated that the reasons for the dismissal are as follow: that the original statement is a xerox copy which violates the rules on evidence; such statement failed to contain certification that the subscribing officer personally examined the witness and that he was satisfied that he (witness) voluntarily executed and understood it; that the witness categorically declared that he could not identify the shooter; and, that the witness supplemental statement was full of leading and suggestive questions.

The above reasons, which are technical in nature, could have been remedied for the interest of justice, said a human rights lawyer, who requested not to be identified. The prosecutor could have ordered that the original statement be submitted or they could have conducted means to determine the truthfulness of their questions.

Last year’s call for reinvestigation

The alleged irregularities pushed Manegdeg’s widow to call for reinvestigation.

Nordis learned that Dom-an wrote, on December 10 last year, Pres. Aquino, Justice Secretary Leila De Lima, and the Commission on Human Rights Chairman Etta Rosales for the reinvestigation of her husband’s murder.

Particularly, her letter to the DOJ appealed that the case be reinvestigated and re- opened, that the witness be placed in the witness protection program, transfer the venue from Ilocos Sur to this city, and assign a special prosecutor to the case.

She said that she received an email copy of the DOJ letter endorsing the case to a certain Undersecretary Baraan on August 31. She requested from them for an appointment. “Nothing happened so far. But I will still raise my husband’s extra-judical killing, whether here or abroad,” said Dom-an.

Ironically, Castro was promoted to Major. # nordis.net