The retraction of the alleged gunman in the killing of Government Corporate Counsel Macario Valerio is "immaterial," the Department of Justice said yesterday.
"It's useless because he was positively identified and pinpointed by four witnesses as the one who killed Valerio," Assistant Chief State Prosecutor Severino Gaña said, referring to the retraction of self-confessed gunman Martin Jimenez.
Jimenez changed his affidavit executed before agents of the National Bureau of Investigation (NBI) and pointed instead to SPO1 Antonio Cabador, a General Santos City policeman, suspected lover of Valerio's wife Milagros, as the one who shot Valerio in front of his house in Quezon City last March 18.
Jimenez, Cabador, Samuel Baran and Geronimo Quintana, who allegedly acted as lookouts, were charged with murder, while Milagros, a.ka. Myla and Marimar, was charged with parricide.
Mrs. Valerio was released from NBI custody for lack of evidence, and the case against her was placed under further investigation. She dismissed as "fabricated" the NBI's theory that she and Cabador hatched the plot to allow them to continue their affair and get married in six months' time.
The Bureau of Immigration has placed the suspects, especially Mrs. Valerio and Cabador, who is at large, in its hold departure list. The other suspects are under NBI custody.
While the preliminary investigation is ongoing, Gaña said he has sent summons to Cabardo and instructed the other respondents (Mrs. Valerio, et al) to file their respective counter-affidavits by May 29.
Jimenez earlier told NBI agents that Cabador instructed him to kill Valerio, "the husband of Marimar," so there will be no more hindrance to his illicit relationship with Mrs. Valerio.
Jimenez was charged separately for illegal possession of firearms after NBI agents confiscated a caliber .38 revolver with five live bullets from him.
Four witnesses claimed they saw Jimenez shoot Valerio several times. One of the witnesses recalled that three persons acted as lookouts during the shooting.