Masbate governor acquitted of murder

A Quezon City court acquitted yesterday Masbate Gov. Antonio Kho and two other accused in the murder of a political rival on Commonwealth Avenue 11 years ago.

Judge Ma. Theresa Yadao, of Quezon City Regional Court Branch 81, however, found the alleged gunman Blas Rosario guilty for the killing of Masbate Rep. Tito Espinosa, sentencing the accused to life imprisonment.

In the decision read by clerk of court Joy Fernandez, the court said the prosecution failed to prove beyond reasonable doubt that Kho, his co- accused Uson town Vice Mayor Arnel Quidato and Roberto Pidlaoan were involved in the Feb. 28, 1985 killing.

The court however, found Blas Rosario guilty of the crime of murder and sentenced him to life imprisonment. He is currently serving a life sentence for another crime at the national penitentiary in Muntinlupa City.

In the decision read by clerk of court Joy Fernandez, the court said there was not enough evidence to support the prosecution’s claim that Kho masterminded Espinosa’s killing. "The court finds that prosecution evidence has not proven guilt. Like Quidato, Kho has not done anything to link him to the crime," the judge said.

Kho, who was detained for more than two years in a Quezon City jail before being allowed to post bail for his temporary liberty welcomed the court’s decision, saying it was a triumph of justice.

He is now serving a third term as the governor of Masbate province.

"Justice has prevailed. I have suffered enough," Kho told reporters as he left the courtroom.

Kho and the three other suspects were among eight persons implicated in the murder of Espinosa. Co-accused Nestor Lim and Rogelio Soriano died on Nov. 11, 2003 and Jan. 26, 2006, respectively, while Tirso Tamondong and Jacinto Ramos remain at large.

Court records showed that at 8:30 p.m. of Feb. 28, 1985, Espinosa had just attended a session at the House of Representatives when a lone gunman approached Espinosa’s Daihatsu Feroza at the corner of Commonwealth and IBP Road and shot the lawmaker several times.

Rosario, who had been arrested for a murder in Pangasinan, matched the cartographic sketch of the gunman and was later identified by witnesses, including a member of Espinosa’s staff, as the gunman.

In a confession, the suspect tagged Kho and other suspects, including Pidlaoan, in the slay plot.

Pidlaoan, an aide at the Land Transportation Office, denied the allegations.

Rosario later testified in court that he was tortured to signing the confession.

During court hearings, the prosecution presented several witnesses, including a room boy, who testified that he heard the accused discussing the murder of the Masbate congressman.

The prosecution told the court that Kho and Lim, known as political rivals of Espinosa, wanted the congressman killed and hired Rosario and Pidlaoan to do the job.

"The motive was to eliminate the Espinosa clan so that Kho and Lim and their political allies would have Masbate to themselves. In other words, according to the prosecution’s theory, the accused conspired to kill Espinosa," the court said.

However, the court said conspiracy must be proven beyond reasonable doubt.

The main evidence presented to prove conspiracy are the extra judicial confession of accused Rosario, which is admissible only against the confessant and cannot be used against the others.

The court said the circumstantial evidence presented by the prosecution "do not constitute an unbroken chain of events that can unerringly point to the existence of conspiracy or to the guilt of all the accused."

The court however, took credence of testimonies that positively identify Rosario as the gunman.

The court also ordered Rosario to pay heirs of the victim the amount of P50,000 as death indemnity and 500,000 as damages.