First person to die for attacking a journalist: Death penalty for Dizon killer

In a historic decision, a judge yesterday sentenced Edgar Belandres, the killer of The Freeman and Banat News photographer Allan Dizon, to die by lethal injection, making him the first ever person in the Philippines to be punished by death for the murder of a journalist.

Regional Trial Court judge Ireneo Gako Jr. found Belandres guilty beyond reasonable doubt of the murder of his neighbor and friend, Dizon, last November 27, 2004.

In a 19-page decision, Gako give credence to the testimonies of the three prosecution witnesses who have personally seen Belandres pepper Dizon's body with bullets.

After the guilty verdict was announced, Amelina Dizon, the victim's widow, finally heaved a sigh of relief after more than a year of waiting.

Gako said, the testimonies of Justiniano Doller, Epifanio Barcoma and Alma Miraveles were spontaneous, straightforward and animated. According to the court, these witnesses who are dispatchers did not have an ill will against the accused. In fact, it was the first time that they have appeared to testify in court.

Doller testified in court that at around 6:30 p.m. on November 27, 2004 while he was calling passengers at the vicinity of Soriano Street at the North Reclamation Area, he heard a gun burst. Doller said, he immediately looked around and saw a man pointing a gun to a person who was about to stand up from the ground but the man holding a gun fired two shots in succession at the victim, who slumped to the ground.

According to Doller, before the shooting happened he already saw the accused alight from a big red motorcycle about four to five meters away from him, then took off his helmet, gave it to the driver of the motorcycle and proceeded towards Soriano Street.

Doller said the man was already acting suspiciously then because when he asked him if he was a passenger he did not reply and instead returned to the motorcycle. The dispatcher also noted that the man stretched his arm forward and saw that he was holding a gun and seemed to be waiting for somebody.

Barcoma, who is also a dispatcher, told the court that he saw Belandres pull a handgun and fired at Dizon who was begging not to shoot him.

"Ayaw parts, silingan ra ta," (No pal, we're neighbors) Barcoma recalled Dizon's pleading to Belandres.

Maraviles, on the other hand, who sells candies, cigarettes and softdrinks near the scene of the crime, also said that she saw Belandres fire shots at Dizon and flee after towards the Cebu International Port. Dizon, based on the autopsy report, suffered four gunshot wounds, which were all fatal, because they hit his vital organs.

Gako said that Belandres' text messages retrieved from the cellular phone of Dizon, confirmed that they have agreed to meet at the crime scene on that day. Gako said Belandres admitted that he was the "DD" who texted Dizon at 4:00 p.m. of November 27, 2004 informing the latter that he was still in Liloan.

Belandres' admission contradicted his own testimony claiming that he was just in Lorega the whole afternoon of November 27 attending a "tigbakay" or an illegal cockfight.

"By and large, the defenses of the accused are denials and alibi, but the settled rule is that the negative declarations of the accused and his witnesses cannot prevail over positive declarations of the prosecution witnesses," Gako said in his decision.

The court added, "there is also no physical impossibility for Belandres to be at the crime scene, because Lorega, as he claimed he was in the whole afternoon of the day Dizon was killed, is only four kilometers away from SM and it would only take 10 minutes to commute using a motorcycle."

Gako, who started the promulgation with the prayer of St. Francis of Assisi, said that the prosecution substantially established during the trial of the case at least three aggravating circumstances that compelled him to impose the death penalty against Belandres.

Among those aggravating circumstances cited by Gako are, the use of a get-away vehicle; the use of an unlicensed firearm, which he said based on Republic Act 8294, using an unlicensed firearm in killing a person is considered an aggravating circumstance, and the use of a helmet to hide his identity.

The rule, according to Gako, provides that when the commission of the murder there is present only one aggravating circumstance the greater penalty shall be applied.

Gako further explained his meting Belandres the death penalty by citing the amended R.A. 7659, which increased the penalty of murder from reclusion temporal to death under Article 248 of the Revised Penal Code to reclusion perpetua to death.

"In short, under Article 63 of the Revised Penal Code, in the application of penalties, the penalty of murder involves two indivisible penalties, reclusion perpetua and death," part of Gako's decision reads.

Gako said Belandres was the second person he sent to the death row since he became judge. The first was a father from one of the northern towns who was found guilty of raping his own daughter.

Aside from the death penalty, Gako also ordered Belandres to pay the heirs of the victim P500,000 as moral damages, P20,000 as exemplary damages and P30,000 as attorney's fees.

Amelina burst in tears for joy over the court's decision. She said it has been her prayers to Sto. Niño that justice will be served for what happened to her husband. The marshals from the Department of Justice and plain-clothes policemen from Criminal Investigation and Detection Group provided Amelina, who wore a black blouse and dark glasses to court.

Dizon's mother, Leonila, said she is very happy that the Sto. Niño heard her petition during the Sinulog.

"Nag-ampo tawn ko sa Santo Niño nga mahatagan og hustisya," (I prayed to the Sto. Niño that we will be given justice) Leonila said.

Presidential daughter Luli Arroyo, who is a friend of Dizon, welcomed the court's decision.

In a text message she sent to Councilor Jack Jakosalem, Luli said, "That's good to know, I hope he rest in peace and that his wife and family are happy."

As the prosecution set the mood for a celebration, Belandres' family and friends were crying at one corner of the courtroom while defense counsels Pedro Leslie Salva and Danilo Yap, disappeared.

While the wife and children of Belandres were crying while embracing him, he did not show any sign of emotion despite the verdict.

In fact, he shouted at the members of the media, who sought his comment on the court's decision. Belandres's lawyers could not be asked for comment as they disappeared even before the judge could bang the gavel.

Belandres' neighbors from Lorega however said they were not happy with the decision of the court. According to them, Belandres is a good neighbor.

"Maayo kaayo nang tawo di gyud na manghinan-aw og dunay tabangonon," (He is a good man. He never hesitates to help if somebody needs it) one of the neighbors told The Freeman.

The recent decision is the fourth recorded conviction in relation to the killing of members of the media.

Before Belandres, the most recent to be convicted was former policeman Guillermo Wapile, who was found guilty of killing tri-media personality Edgar Damalerio of Pagadian City.

Wapile was meted life imprisonment by Cebu City RTC-Brach 19 Judge Ramon Codilla last November 29, 2005.

Since 1986, when democracy was restored in the country, there are already 55 cases of assault against the press, as indicated in the database of the Center for Media Freedom and Responsibility.

Of these 55 cases, approximately 17 were reportedly slain for reasons not involving their work.

With the fast rising number of journalists slain in the past four years and with the result of the world press freedom rating released by the Reporters Without Borders (RSF), showing the Philippines ranked 139th out of the total 167 countries, the Philippines has been labeled as the "most dangerous place for journalists."

Nevertheless, in response to the growing number of journalists killed in the line of duty, the government has in July 2004 created the Philippine National Police's Task Force Newsmen (PNP-TFN), which is tasked to track down suspects in the killing of the members of the press as well as provide protection for journalists who are under threat in the line of duty.

The PNP-TFN has so far recorded a total 42 murder suspects under arrest. Of the number, 32 were arrested by either the PNP or the National Bureau of Investigation while the remaining 10 had surrendered to authorities.

Yet despite this development, no police investigation has actually led to the indictment of the mastermind, as suspects of the killings against media are believed to be hired killers only. - with Cristina C. Birondo, Liv C. Campo