MANILA, Philippines - Seven coastguardsmen accused of shooting and killing a suspected Taiwanese poacher off Balintang Channel last year failed to convince the Batanes regional trial court to dismiss the homicide charges against them.
Judge Ramon Barona denied their motion to quash the criminal information against them after they questioned the Department of Justice’s finding of probable cause.
The court rejected the claim of the seven accused that no evidence was presented to show that a crime took place or that the victim was killed.
Assistant State Prosecutor Juan Pedro Navera, who is handling the case, welcomed the ruling. He also conducted the preliminary investigation.
In a text message, Rodrigo Moreno, lawyer of the seven accused, vowed to pursue other legal remedies.
“Our clients are innocent and we will prove this,” he said.
Following the court’s ruling, the arraignment of the six accused proceeded yesterday.
They are Seamen 1st Class Mhelvin Bendo II, Andy Golfo, Sunny Masangcay and Henry Solomon; Seaman 2nd Class Nicky Aurello; and Petty Officer 2 Richard Fernandez Corpuz. They all pleaded “not guilty.”
The court excused from hearing the seventh accused, Seaman First Class Edrando Aguila, so he could attend the wake of a relative.
Barona set pre-trial hearings on Nov. 24 and 25.
Last June, the seven coastguardsmen asked the Supreme Court (SC) for the transfer of venue from Batanes to Metro Manila.
Justice would serve them and other parties, including prosecutors and complainants, if the trial would be held in Metro Manila, they added.
It would be a “great inconvenience” for them to present witnesses and evidences if the trial would be held in Batanes, the coastguardsmen said.
Last July 7, their commanding officer, Arnold dela Cruz, pleaded “not guilty” when he was arraigned at the Batanes court.
All eight were charged with homicide for the fatal shooting of fisherman Hung Shih-cheng on May 9 last year.
During preliminary investigation, the eight accused denied the homicide charges.
They said they were just defending themselves from alleged aggressive action of the Taiwanese fishermen.
The DOJ also filed charges of obstruction of justice against De la Cruz, Ramirez and Bernabe before the municipal trial court of Cagayan province for allegedly submitting tampered evidence to the NBI.
They allegedly gave false information to the NBI on the number of bullets fired during the shooting.
Last May 7, the coastguardsmen surrendered and posted bail before a Manila court after the Batanes and Cagayan courts ordered their arrest.