Ocampo to remain at Talisay city jail: Court is yet to act on transfer to NBI

The motion of the lawyer of SPO1 Marcial Ocampo, who is the primary suspect in the killing of Cebu City Bantay Dagat Project Director Elpidio 'Jojo' de la Victoria, to be transferred to the custody of the National Bureau of Investigation (NBI) will have to wait.

This as several other twists have evolved in this celebrated murder case that has rocked the entire province, if not the region, due to the belief of many that the death of de la Victoria was triggered by his efforts to have the Visayan Triangle closed to commercial fishing.

Judge Ireneo Lee Gako of Regional Trial Court Branch 5 will be hearing the case against Ocampo. This was decided yesterday during a special raffle conducted by Executive Judge Simeon Dumdum in response to the motion of lawyer Vicente Fernandez II.

The counsel of Ocampo is requesting for the suspect's transfer to the NBI from the Talisay City Jail due to fear for his safety. The policeman has reportedly participated in over 200 police operations and his camp fears that some of those arrested in those operations might also be inmates of the Talisay City Jail.

Gako refused to immediately entertain the urgent motion of Ocampo's counsel without the comment of the Talisay City prosecutor Marshall Rubia.

Talisay City prosecutor Marshall Rubia said that he has not decided whether or not to oppose the move of Ocampo's camp.

Rubia said that he will have to look into the grounds cited by the defense and that he is yet to receive a copy of such motion.

He said that they will check the records if indeed the claim of Ocampo's counsel is true. He, however, said that if they will find a basis for such motion of the suspect, he would not oppose it.

Rubia likewise said that several lawyers, including groups from Manila, have already signified their intention to be private prosecutors. The Talisay City prosecutor said that said he has already informed Regional State Prosecutor Antonio Arellano about it, but they have yet to decide whether or not to create a panel of prosecutors.

Meanwhile, Fernandez said that their plan to file a case against the Criminal Investigation and Detection Group for the unlawful arrest of his client will be pursued even if a valid information has already been filed.

The lawyer explained they will pursue the filing of the case for unlawful arrest and arbitrary detention against CIDG officials because the filing of the information against Ocampo did not cure the alleged illegal arrest.

Twists or sidelights?

The finance officer of the Cebu Provincial Police Office yesterday said that Ocampo was at her office shortly before the shooting of de la Victoria,

In an interview over radio station DySS, SPO4 Rebecca Cañoneo said that she was able to talk with SPO1 Ocampo when the latter was at their office to get the check for the combat pay of the Minglanilla policemen on April 12. She said that Ocampo was there from around 1 to 2 pm.

Ocampo's signature was even in the logbook of Cañoneo acknowledging the receipt of the check amounting the P13,200. However, the time that the check was received was not reflected, but Cañoneo said that those who receive the checks just put the date and affix their signatures.

She further said that she did not notice that Ocampo was in a hurry to get somewhere after getting the check.

Other personnel of the CPPO also confirmed that they saw Ocampo early afternoon on April 12. Another thing that investigators however found contrasting to what the suspect has earlier said, is his claim to have gone to a barbershop for a haircut after getting home coming from the CPPO. In a TV interview, the barbers said that Ocampo was there for his regular haircut, but came in the morning of April 12 and not the afternoon, which is his regular schedule. Another twist to the story is a looming legal battle between CPPO Director Vicente Loot and the lawyer of Ocampo.

Loot said in an interview over ABS-CBN that he will ask his lawyer to study the possibility of filing a libel case against lawyer Vicente Fernandez II for allegedly dragging his name and that of his wife, Daanbantayan Mayor Maria Louisa Loot, into the murder of de la Victoria.

Loot said that he would welcome an inquiry if there would be such but lamented that this development has jeopardized the investigation of the case.

Fernandez, in a talk with The Freeman last night said that he did not say anything that maligned Mayor Loot nor her family, but it was a radio reporter, who tried to ask leading questions that made the statement in his radio program.

The lawyer even called up the reporter during his late night program to call the latter's attention about what he said on air that angered the mayor.

Fernandez said that two other reporters can attest that he never said anything against the Loot family and was not just misquoted by the other reporter, but words were put into his mouth.-with Rene U. Borromeo, Liv G. Campo and Norvie S. Misa