Witnesses to the killing of Gerardo Martinez, including his wife, Shirley, had recanted their testimonies against Judge Francisco Querubin, prompting his fellow judge, Felix Caballes, to dismiss the homicide case against him.
In his two-page resolution dropping the case, Caballes, of Antipolo City RTC Branch 71, said he would not succeed in proving the guilt of Querubin without the testimonies of the witnesses.
Witnesses Teresita Marahay, 40, and Freddie Jamon, 29, a tricycle driver, had retracted their sworn statements against Querubin.
The Antipolo City police earlier charged Querubin with murder for killing Martinez after they figured in a traffic misunderstanding in Barangay De la Paz at about 9:30 p.m. of Nov. 22.
However, the city prosecutor downgraded the case to homicide after "a circumspect examination of the record on hand."
Querubin was then driving his Ford Lynx when he almost hit the motorycle driven by Martinez who was overtaking him. This earned the ire of Martinez, who gave chase and engaged the judge in a heated argument.
Armed with brass knuckles, Martinez attacked the judge who defended himself by drawing his caliber .357 revolver and shooting Martinez in the abdomen.
Martinez, a father of 13, died while being treated at the hospital. Querubin, on the other hand, was confined at the St. Luke’s Medical Center for injuries on the face and head.
During the court proceedings, Mrs. Martinez also retracted her statement and expressed no interest in pursuing the case against Querubin.