MANILA, Philippines - The Department of Justice has cleared shipping magnate Lope Jimenez in the killing of Ruby Rose Barrameda-Jimenez, sister of former actress Rochelle Barrameda.
In a 12-page resolution, former Justice Secretary Agnes Devanadera granted the appeal of Jimenez of the department’s resolution indicting him, his brother and four others in August last year and ordered his removal from the list of accused in the murder case already pending in Navotas Regional Trial Court. Upon review, Devanadera overturned the findings of the investigating fiscals that found ample evidence to link Jimenez, owner of Navotas-based Buena Suerte Jimenez Fishing and Trading Co. to the gruesome murder.
The DOJ bought the argument of the businessman’s lawyer, Ferdinand Topacio, that there was no proof showing the involvement of his client to the conspiracy in the killing of Ruby Rose. Topacio said it was impossible for his client to plan the killing with his brother, lawyer Manuel Jimenez Jr., and other accused since the two have been estranged long before the crime was committed due to conflict in their family business.
Estranged
“In the case at bar, the alleged conspiracy among the accused was not previously established by separate and independent evidence. The other affidavits and the entire records are utterly devoid of any evidence that would separately and independently prove conspiracy between Lope Jimenez and the other respondents,” the DOJ said.
It also stresed that “Lope Jimenez’s relationship with lawyer Manuel Jimenez Jr. had been estranged as early as October 2005. Jmenez’s relations with his nephew Manuel III was also estranged. This was not controverted by the Barramedas. Even Lope Jimenez’s submission that he did not personally know Ruby Rose Barrameda was never specifically denied.”
The DOJ also gave credence to the claim of Topacio that under pertinent jurisprudence, probable cause cannot be established by the testimony of lone eyewitness Manuel Montero.
“The use of Montero’s extrajudicial confession is supported by Section 28 of Rule 130 of the Rules of Court, which states that the rights of a party cannot be prejudiced by an act, declaration or omission of another,” the department explained in granting the petition for review of Jimenez. In the same resolution, however, the DOJ granted the Petition for Review of the Barrameda family and ordered the filing of parricide charges against Ruby Rose Barrameda’s husband, Manuel Jimenez III.
“The statements made by Montero as to the participation of Manuel Jimenez III to the killing cannot be simply considered as hearsay. They are independent relevant statements. Moreover, Manuel Jimenez III has every motive to participate, if not plan, the murder of his wife,” the resolution stated. – Edu Punay