Murder convict transferred: Judge wants explanation

Regional Trial Court judge Ramon Codilla yesterday ordered Bagong Buhay Rehabilitation Center warden Teofilo Labating Jr. to explain why he failed to secure a permission before transporting murder convict Guillermo Wapille back to Pagadian City last December 14.

Wapille, a former policeman, was found guilty beyond reasonable doubt by judge Codilla last November 17 for the murder of journalist Edgar Damalerio in Pagadian City on March 13, 2002.

The former policeman was sentenced to reclusion perpetua or an imprisonment of up to 20 years.

The hearing of the case was held in Cebu after the Supreme Court granted the request that the trial of the murder case be transferred here for security of the witnesses.

Wapille was brought to Cebu last year and was detained at the BBRC for almost a year.

BBRC jail guards reportedly transported the former policeman back to Pagadian City without first securing permission from judge Codilla to do such based on a court order issued by a judge in Pagadian City.

Codilla told Labating to submit his explanation within 24 hours upon receipt of the order.

BBRC assistant administrative officer Nelver Lagutin explained that Wapille was summoned by the court in Pagadian City to attend the hearing of his cases pending before the regional trial court in that part of Mindanao.

Wapille, who was kicked out of the police service months after he was accused of killing the journalist, is also facing charges for malversation of public property and robbery in Pagadian City.

The case for malversation of public property was filed against Wapille when he failed to return a government-issued firearm after his dismissal from the service. It was not however clear why Wapille was accused of robbery.

Wapille's lawyer, Honorato Hermosisima Jr. has already filed a motion asking the court to reverse its decision that found his client guilty of murder, but government lawyers headed by city prosecutor Nicolas Sellon quickly objected to such move.

In the resumption of the hearing yesterday, both the defense and the prosecution have agreed to let the presiding judge rule on the motion.

Hermosisima claimed that the court disregarded and ignored several facts that were presented by them, which he believes are material evidences to acquit his client. He said the court gave enough credence to the "inconsistent" testimony of eyewitness Edgar Ongue, but ignored the testimony of defense witness Bernardo Regis and two others. The defense also pointed out that the prosecution never established a motive for Wapille to kill the mediaman