CA affirms raps vs suspects in Ruby Rose Barrameda slay

MANILA, Philippines - The Special 16th Division of the Court of Appeals (CA) affirmed the indictment for parricide of businessman Manuel Jimenez III for the death of his estranged wife Ruby Rose Barrameda in 2007.

In a 16-page decision penned by Associate Justice Pedro Corales, the CA also upheld a resolution of the Department of Justice (DOJ) recommending the filing of murder charges against fishing magnate Lope Jimenez, an uncle of Barrameda’s husband.

The appellate court denied Jimenez’s petition to reverse the May 2, 2012 decision and July 4, 2012 resolution of the Office of the President (OP), which upheld the Aug. 11, 2010 resolution of Justice Secretary Leila de Lima.

The CA said the arguments raised by Jimenez should be discussed during the trial and not during the preliminary investigation.

“There is no showing of any grand design or other manifestation of ill will that unduly impelled the finding of probable cause herein assailed… where evidence otherwise supports the charges, the accused shall not be heard to allege mere political harassment. Rather, the preferred option is for a full-blown trial to ferret out the truth,” the CA ruling stated.

In his petition for review, Jimenez said the OP committed a serious error and acted with grave abuse of discretion in upholding the finding of probable cause for parricide, claiming it was based on “hearsay, uncorroborated and unreliable statements” of state witness Manuel Montero.

Montero had recanted his statement implicating the Jimenezes and several others in the crime.

However, the DOJ said Montero’s prior statements were not rendered moot and academic by its withdrawal.

Jimenez added that “mere suspicions” regarding his purported motive is insufficient to support De Lima’s findings that he is the principal accused.

He denied any motive in the killing, and insisted that it was not Barrameda’s body that was recovered by the authorities with the help of Montero.

The CA maintained that the body had been identified through dental records, clothing and accessories.

“Whether the recovered body is in fact that of the particular victim is neither necessary nor indispensable to the finding of probable cause against Manuel III,” the CA added.

Court records showed that Barrameda went missing after she left her home in Moonwalk Village, Las Piñas City to go to a bank and visit her children who were living with her parents-in-law in BF Homes, Parañaque City. Her body was recovered on June 10, 2009.