In an affidavit submitted to the Department of Justice, Superintendent Rafael Cardeño said Golez and Pastor "Boy" Saycon, secretary general of the Council of Philippine Affairs (COPA), were "responsible in the planning and execution of the killing of (YOU spokesman Baron) Cervantes."
He cited a report prepared by Deputy Director General Nestorio Gualberto, chief of the Philippine National Police-Criminal Investigation and Detection Group (CIDG), tagging Golez and Saycon.
"If there is anyone who should be held responsible, reference should be had with the Gualberto report of the CIDG, which points to his employer (Golez) and no less than Saycon of COPA as the ones responsible in the killing," he said.
A self-styled spokesman for the Young Officers’ Union — an association of reformist military officers — Cervantes had claimed in December 2001 that political allies disgruntled with the Arroyo administration like COPA were planning a coup.
Shortly thereafter Cervantes was gunned down at pointblank range in Pamplona, Las Piñas City, and died before reaching a nearby hospital.
Joseph Mostrales, who confessed to the killing, was positively identified from a police lineup by a security guard, Michael Cataluña. Mostrales then implicated Cardeño.
Cardeño denied having met the killers and giving them "money or aid in the hospitalization of Mostrales at the Biñan Doctors Hospital."
"It’s hearsay and unfounded," Cardeño said. "I have nothing to do with the untimely death of Cervantes."
"He is just making up a story. He cannot just make such serious accusations," Golez said, reacting to Cardeño’s accusation. "Boy Saycon cannot even kill a fly."
Saycon, on the other hand, dismissed Cardeño’s "foolish accusations" and added he would welcome any investigation.
"No less than their own kind, the uniformed ones, had admitted to the killing. He (Cardeño) was even pinpointed by the two [suspects]," he said. "The truth will eventually come out and justice will be served. We lost a patriot friend that was Baron Cervantes. I don’t know what motivated him (Cardeño) to implicate me."
Mrs. Arroyo recently cut ties with COPA and branded them as "termites" for constantly criticizing her administration.
Cardeño said Mostrales may have been coerced into admitting the crime so that he could avail of immunity.
His lawyer, Homobono Adaza, suggested to Senior State Prosecutor Theodore Villanueva and State Prosecutor Mark Jalandoni that Golez and Saycon be summoned to give their side.
Adaza said it was "confirmed and established" that Cervantes "delivered to the house of Saycon classified documents intended for Golez," who, according to Adaza, was Cervantes’ "employer."
He also asked the prosecutors to subpoena Gualberto and compel him to produce the report which, he said, "has been suppressed and hidden to the public and the prosecution, which amounts to suppression of evidence."
Cervates’ lawyer, Leonard de Vera, said Cardeño’s affidavit was just a "scrap of paper" because it was not sworn before any of the investigating prosecutors — a substantial legal requirement — but before a notary public.
Villanueva, however, said the document has been "provisionally admitted" and told De Vera to include his protests in his reply to Cardeño’s affidavit.
Aside from Cardeño and Mostrales, six other people were accused of involvement in the Dec. 31, 2001 killing. – With Marichu Villanueva