SC affirms ruling vs Satur, 3 others over mass graves

MANILA, Philippines - The Supreme Court (SC) has affirmed its ruling allowing the Manila regional trial court (RTC) to proceed with the trial of former Bayan Muna party-list congressman Saturnino Ocampo and three officials of the Communist Party of the Philippines-National Democratic Front (CPP-NDF) for multiple murder in connection with the mass graves discovered by the Philippine Army in Leyte in 2006.

In a minute resolution promulgated during its summer session in Baguio City yesterday, the SC denied the motion filed by Ocampo and the three others appealing its decision last February that dismissed the legal questions they had raised on the earlier orders issued by Manila RTC Branch 32.

The SC also reiterated its order for the trial court to “proceed with dispatch with the hearing” of the case.

In the appealed order penned by Chief Justice Ma. Lourdes Sereno, the SC held that Ocampo, Randall Echanis, Rafael Baylosis and Vicente Ladlad “shall remain on temporary liberty under the same bail granted by this Court until the termination of the criminal case or until the actual participation of petitioners Randall Echanis, Rafael Baylosis and Vicente Ladlad as CPP-NDF consultants in the peace negotiations with the government are concluded or terminated, whichever is sooner.” 

The SC said the case should be remanded so that the trial court could promptly examine the evidence raised by the accused by way of defense.

Contrary to the petitioners’ allegation, the SC said they were “accorded due process during the preliminary investigation and in the issuance of the warrants of arrest.

It added that the “political offense doctrine” is “not a ground to dismiss the charge against the petitioners prior to a determination by the trial court that the murders were committed in furtherance of rebellion.”

The case stemmed from the discovery of mass graves by elements of the Army’s 43rd Infantry Brigade in Sitio Sapang Daco, Barangay Kaulisihan in Inopacan, Leyte on Aug. 26, 2006.

The mass graves reportedly contained the skeletal remains of victims of “Operation Venereal Disease” launched by the CPP-NDF’s armed wing, the New People’s Army, to purge its ranks of suspected military informers and collaborators.

The petitioners were indicted for 15 counts of murder for the killing of Juanita Aviola, Concepcion Aragon, Gregorio Eras, Teodoro Recones Jr., Restituto Ejoc, Rolando Vasquez, Junior Milyapis, Crispin Dalmacio, Zacarias Casil, Pablo Daniel, Romeo Tayabas, Domingo Napoles, Ciriaco Daniel, Crispin Prado, and Ereberto Prado.

The case was initially filed with the Hilongos, Leyte RTC Branch 18, which later issued warrants for the arrest of the four and 50 NPA rebels with no bail recommended for their temporary liberty.

But the four petitioners sought relief from the SC, arguing that the case against them has prescribed since the crime happened 23 years ago.