CEBU, Philippines - The days before the Court of Appeals promulgated its decision reversing a lower court ruling convicting the alleged killer of The FREEMAN photojournalist Allan Dizon, a text message was already received by his widow informing her of the coming acquittal.
Amelina Dizon said she first heard of Edgar “Dodong” Belandres’ acquittal on March 12 via a text message from an unknown sender, telling her that the accused would be acquitted.
She did not believe the text message until she was informed that the alleged killer of her husband was already seen in Barangay Lorega-San Miguel.
Last Monday, Amelina went to the Court of Appeals in Cebu City to verify the information and was surprised when she was given a copy of the decision from the 12th Division confirming the text message and the report that Belandres was already freed.
What bothers Amelina however is the fact that she received the text message three days prior to the promulgation of the decision on March 15.
The emotional widow said she broke into tears upon reading the appellate court’s decision. She admitted having suspicions about the reasons behind the acquittal but refused to elaborate saying she does not have the evidence.
Amelina said she can only surmise based on what she and her witnesses personally experienced while the case was still on trial before the Regional Trial Court Branch 5. She claimed she and her witnesses were offered bribe then by the accused to withdraw the case.
Now that the accused is acquitted, she said she does not know what to do because she is afraid of her safety. She is also saddened by the fact that her lawyer frankly told her that their chance of having the decision reversed is very nil.
According to Amelina, Ramos told her that they can file a motion for reconsideration but it will surely be opposed by the accused citing the principle of double jeopardy.
They can also move for the declaration of mistrial by citing possible fraud in the decision but they run the risk of being cited for contempt.
The appellate court through Associate Justices Agnes Reyes-Carpio, Samuel H. Gaerlan and Socorro B. Inting reversed then RTC Branch 5 Judge Ireneo Lee Gako Jr. who convicted Belandres and sentenced him to reclusion pertua in 2006.
The CA ruled that the prosecution failed to prove beyond reasonable doubt despite the positive identification of the accused by the three eye witnesses.
The witnesses said they saw Belandres waiting for somebody along S. Soriano St. on November 27, 2004 and while waiting, the accused allegedly took off his helmet, which gave the witnesses the opportunity to see his face.
That somebody waited by Belandres later turned out to be Dizon.
Meanwhile, the Cebu Federation of Beat Journalists yesterday expressed disappointment on the recent decision of the appellate court.
“Na-shock gyud mi sa kalit nga desisyon. Wa pa gyud ko makabasa sa decision sa Court of Appeals pero nasubo lang gyud ta kay media man gud ang biktima,” said Elias Baquero, the federation president.
The Crusade Against Violence headed by Mrs. Thelma Chiong also expressed disappointed and surprise over the acquittal of Belandres.
Chiong said Dizon’s family should have been given time to comment on the appellant’s brief.
“Na-shock gyud ko sa desisyon sa CA. Wala’y consultation ug wa gyud hatagi og panahon makatubag ang tagtungod sa biktima,” Chiong said.
Amelina has already asked assistance from the Crusade Against Violence.
Crusade Against Violence and relatives of Dizon will personally see the associate justices who handed down the decision. — Fred P. Languido and Ramil V. Ayuman/WAB (FREEMAN NEWS)