DOJ says 2 Laputan brods cannot get benefits for unjust prosecution unjust prosecution

The Department of Justice cannot compensate Maximo and Concordio Laputan for unjust prosecution in spite of the court ruling after they were acquitted of the charges of rape with homicide.

Regional State Prosecutor Antonio Arellano said that the Laputan brothers are not qualified to avail of the benefits because they were acquitted of the crime charged against them. Arellano explained that only those who were acquitted after an appeal are qualified to claim compensation for unjust prosecution.

According to Arellano, the case of the Laputan brothers does not fall under the definition of unjust prosecution set by the board of claims as provided for under the Republic Act 7309.

Arellano said there must be a conviction first in the RTC and a reversal in the Court of Appeals or in the higher court before the accused can claim compensation from the government.

Regional Trial Court judge Raphael Yrastorza Sr. had ordered the DOJ to pay P10,000 each to the Laputan brothers as compensation after he found them innocent of the charges of rape with homicide.

Yrastorza also admonished the provincial prosecutor's office for "hastily" filing the case. He said the unjust detention and prosecution of the accused could have been avoided had the prosecutor's office conducted a thorough investigation instead of directly filing it with the court.

Provincial prosecutor Pepita Jane Petralba passed the blame to the Carcar police saying her office merely relied on the evidence they presented. Petralba added that they also filed a motion to dismiss the case after their supposed witness, Ronnie Tabora, admitted to the crime.

The Laputan brothers were earlier tagged by Tabora in the rape-slay of 13-year-old Mylene Laputan last year. Mylene is the daughter of Maximo and niece of Concordio.

Although the Laputan brothers have been acquitted they are still in jail because of another case filed by the Carcar police against them now pending before the Municipal Trial Court. They allegedly tried to attack the policemen when they were invited for questioning after the killing of the victim. - Fred P. Languido