The Public Attorney’s Office (PAO) led by Persida Rueda-Acosta and public attorneys Amelia Garchitorena and Elpidio Bacuyag filed a motion urging the Sandiganbayan to issue an alias warrant of arrest for Air Force Capt. Felipe Valerio.
The PAO called on the Sandiganbayan to arrest Valerio for a possible retrial of the 22-year-old double murder case and annul the Sept. 28, 1990 decision of the anti-graft court convicting the 15 accused soldiers.
The Supreme Court earlier denied PAO’s petition seeking a retrial of the case on newly discovered evidence.
PAO claimed the Volunteers Against Crime and Corruption (VACC) had sought their help to request the Sandiganbayan to hand down the alias arrest warrant on Valerio.
The 15 convicted soldiers had requested the assistance of the VACC for a possible retrial of the double murder case, PAO said.
Although the assassination happened on Aug. 21, 1983, PAO explained the prescriptive period for the crime did not lapse in the case of Valerio since he was able to flee the country following the murders.
The PAO told the Sandiganbayan it had reliable information that Valerio is currently residing in Seattle, Washington.
"Capt. Valerio has remained at large and in view of the fact that he left the country during the trial of this case, has interrupted the period of prescription of the above-mentioned offenses, pursuant to Article 91, paragraph 2 of the Revised Penal Code," PAO stated in the petition.
Valerio was the chief of Task Force Alpha, the 10-man team tasked to secure Aquino and escort the former senator back to the military stockade at Fort Bonifacio.
After the first EDSA People Power revolt that ousted strongman Ferdinand Marcos in 1986, Valerio went into hiding and worked as a pilot for a local airline in Seattle.
Although he was among those initially charged for the Aquino assassination, Valerio fled to the US before the trial formally started.