Ruby Rose slay suspect asks court to affirm rejection of witness

MANILA, Philippines - One of the accused in the killing of Ruby Rose Barrameda has asked the Malabon Regional Trial Court (RTC) Branch 170 to affirm its earlier decision denying the motion of state prosecutors to allow self-confessed killer Manuel Montero to become state witness in the trial.

Barrameda’s father-in-law, Manuel Jimenez Jr., through his lawyer Mario Aguinaldo, argued, “an accused cannot be made a hostile witness for the prosecution for to do so would compel him to be a witness against himself.”

“If Montero’s statements do not even conform or jibe with the physical evidence and the sworn statements of the complaining witnesses, then sound logic dictates that the said physical evidence and sworn statements cannot and will not corroborate the testimony of Montero to be given in open court,” Jimenez said.

The Department of Justice (DOJ) fiscals sought the exclusion of Montero from the list of the accused immediately after filing the information before the RTC.

In their motion, prosecutors explained that Montero would be “the only person willing to testify and give justice to the family of the deceased” and that “there is absolute necessity for Montero’s testimony.” But the RTC denied the motion in its five-page order.

RTC Judge Hector Almeyda ruled that a main factor for the discharge of an accused to be used as state witness is that he must not be the most guilty – a finding that has to be gauged from the statement of the accused, himself, and other available evidence.

“Contrary to the prosecution’s claim, there is not enough clear showing that Montero was not the most guilty, or at best the one who is least guilty,” the RTC said in its ruling.

“The prosecution’s case, whether it likes to admit or not, heavily relies on Montero’s testimony, the absence of which will gravely compromise the possibility of securing conviction beyond reasonable doubt of all the other accused,” Almeyda said.

Beyond the recovery and identity of Ruby Rose’s body, “there appears to be a complete dearth of proof that evidence thus far received could stand on its own to secure conviction of the other accused,” he said.

“At this stage of the proceedings, the court believes that the prosecution has failed, not due to the panel’s lapse but because of paucity of hard evidence, to sustain the possibility of conviction on the basis of evidence thus far presented,” Almeyda said.

Court records show that Ruby Rose, estranged wife of Manuel Jimenez III, went missing on March 14, 2007. On May 18, 2009, Montero surrendered to the police, confessed to the killing of Ruby Rose, and implicated at least six other persons in the slaying.

On the basis of his confession, DOJ prosecutors filed before the Malabon City RTC murder charges against Montero, Jimenez Jr. (father of Jimenez III), Lope Jimenez (uncle of Jimenez III and brother of Jimenez Jr.), Eric Fernandez, Lennard Descalso, Roberto Ponce, and Rudy de la Cruz.

On a petition for review, then Justice Secretary Agnes Devanadera ordered the dismissal of the case against Lope Jimenez as she directed the prosecutors to include Jimenez III in the criminal case pending with the Malabon City RTC.

Outgoing Secretary Alberto Agra is set to review his predecessor’s resolution before stepping down at the end of this month.

Montero worked for 13 years as operations manager of the Buena Suerte Jimenez Fishing and Trading Co. owned by Lope Jimenez. In 2007, records showed that Lope Jimenez dismissed Montero for various infractions, including stealing from the company.