The three-man panel headed by assistant city prosecutor Fernando Gubalane dismissed the case against Ceferino Serbano because there was no direct evidence linking him to the case except for the use of the vehicle.
In a six-page resolution, the panel said that based on witnesses' accounts, Serbano was not seen as among the suspects inside the van when the bank was robbed on August 2, 2005.
Eyewitness Elona Sinadjan said that she saw a maroon van parked in front of her mini-grocery store fronting the bank on the day it was robbed but added that she did not actually see the occupants. The other witnesses, Rey Dosdos and Lucas Diaz, also said that they saw the van with Plate No. 333 but could not remember the prefix letters.
Serbano's brother-in-law, Danilo Dy, said that Serbano owned the vehicle, a maroon Nissan Vannette with license plate number CLA-333, but the vehicle was allegedly borrowed by their acquaintance, Joel Somabong, who is one of the accused, at around 3:00 p.m. on August 2, 2005.
Somabong allegedly told them that the van would be used to backup the security of Bogo Mayor Celestino "Tining' Martinez III.
In his counter-affidavit, Serbano said Somabong borrowed the vehicle and that he did not have any knowledge that the vehicle will be used in the robbery.
"Clearly, accused Serbano is not one of the persons who was present during the heist on August 2, 2005 at Land Bank, Bogo, Cebu. The mere use of his maroon Nissan Vannette with plate no. CLA-333 does not prove any participation to the robbery," the panel said in its resolution.
The panel said that there was no evidence that Serbano knew that his vehicle would be used in the robbery. "The mere fact that he is an acquaintance of accused Joel Somabong does not show that he conspired with the latter in the commission of the crime."
However, the panel found sufficient evidence to charge the other two accused, Dindo Ancero and Joseph Ancajas, who earlier requested for preliminary investigation, with robbery in band.
Ancajas was positively identified by witness Jocelyn Antigua while Ancero was also identified by Henry Cuerda, one of the accused who confessed his participation to the crime, as among those who planned for the robbery.
The other accused now facing charges in court are Efren Beladas, Isagani Chiko, and four unidentified persons, including a girl.
Ancajas, Ancero and Serbano earlier asked for a preliminary investigation of their case, which was subsequently granted by the court on September 20, 2005.
On February 10, Regional State Prosecutor Antonio Arellano issued a memorandum creating the panel and designated Gubalane as assistant provincial prosecutor for the purpose of conducting the preliminary investigation following provincial prosecutor Pepita Jane Petralba's inhibition.
Petralba inhibited the case because of the alleged involvement of Martinez, who was her former client before she was appointed prosecutor. - Fred P. Languido