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Government and private prosecutors have opposed the motion for partial reconsideration filed by former Western Police District (WPD) police officer Reynaldo Jaylo, as well as his three co-accused, and have asked the Sandiganbayan’s first division to affirm their homicide conviction in connection with the July 1990 killing of two Army officers in an alleged drug sting operation in Makati.

Last April 17, the Sandiganbayan sentenced Jaylo to 14 years and eight months’ imprisonment along with Patrolman Edgardo Castro, Pfc. William Valenzona and Pfc. Antonio Habalo Jr. All four of them are at large.

They were also ordered to pay P50,000 as compensation to the heirs of each of their victims.

“The conviction can stand even without conspiracy. The alleged absence of conspiracy does not erase criminal liability since there was already clear admission of killing by no less than all the accused,” the prosecution said in their opposition.

Former Solicitor General Francisco Chavez, counsel for the four accused, earlier filed a motion for partial reconsideration, saying the court’s pronouncement ruling out conspiracy among his clients bolstered their contention of lawful performance of duty.

The accused said they had to shoot back to defend themselves when Army Col. Rolando de Guzman and Majors Franco Calanog and Avelino Manguera fired first.

In its 103-page decision, the Sandiganbayan noted “material inconsistencies” in Jaylo’s testimony, particularly in his account of his attempt to arrest De Guzman.

Jaylo said in his testimony he was distracted by gunfire coming from a speeding car, which supposedly gave De Guzman the opportunity to “get inside his vehicle, reach for a firearm and shoot” but missed.

Thereafter, Jaylo said he shot the Army officer twice.

The Sandiganbayan found the supposed existence of a speeding car doubtful, particularly as Jaylo’s own July 1, 1990 report declared that his team was met by “a volley of gunfire from the three cars of the suspects” but did not mention anything about the said car.

The Sandiganbayan’s first division also noted the absence of bullet holes or scratches or bloodstains on the two cars used by De Guzman and his group – a Volkswagen Beetle and a Saab – although Jaylo said he shot De Guzman, who was hiding inside the Saab.    – Sandy Araneta