In his reinvestigation report, prosecutor Victor Laborte said there is enough evidence to establish probable cause to charge Juan Jesus Vergel de Dios and Rustico Fernandez in the Regional Trial Court.
Laborte said the alibis of De Dios and Fernandez are matters which the court will determine and decide in a trial on the merits of the case.
Customs deputy collector Eduardo Lao and examiner Bennet Soreño were on board Lao’s vehicle on the late afternoon of July 24 last year when they were ambushed along Osmeña Boulevard. Both sustained multiple gunshot wounds.
Fernandez earlier denied the allegations, saying he was at the Cebu Intelligence and Investigation Service (CIIS) office when the killing happened.
He said he was assigned to bring basketball players aboard a Customs van from their headquarters to the Sambag 1 Sports Complex for tryouts.
Fernandez said among those who were in the van were CIIS chief Felix Espino and a certain Allan Obrar.
When they arrived at the sports complex, Fernandez said he changed into his playing attire and joined the tryouts for the CIIS basketball team. He claimed having stayed at the sports complex until the tryouts ended at 7 p.m.
It was reportedly past 6 p.m. when Espino received a call informing him about the ambush of Lao and Soreño.
Yet De Dios earlier admitted having driven the motorcycle used in the killing but clarified that it was only Fernandez who allegedly brought the firearms and pulled the trigger on the victims.
De Dios narrated that he and Fernandez met at the Customs office before they rode the motorcycle and proceeded to wait for Lao’s car near the Cebu Normal University.
When they spotted the vehicle at a stop sign, they drove to the vehicle and Fernandez allegedly fired at their targets.
Knowing they had hit their targets, they reportedly sped off to R. Landon street and proceeded to Ramos Extension where he and Fernandez parted ways, throwing the bag with the firearms in it on the side of the road.
A witness of the National Bureau of Investigation has positively identified Fernandez as the one who allegedly fired at Lao’s vehicle. — Freeman News Service