Raps vs 2 suspects in judge’s slay dropped

TAYUG, Pangasinan — A regional trial court judge here dismissed the murder and theft charges against two suspects in the Sept. 23 killing of Pasay City Judge Estrellita Paas in Natividad town for lack of probable cause.

In a three-page resolution dated Nov. 30, a copy of which was obtained by The STAR, Judge Ulysses Butuyan of RTC Branch 51 said, he "cannot muster confidence to order the arrest of the accused, for as long as the complainant and his witnesses refuse, on the untenable ground of ‘biasness,’ to present themselves for examination in aid of the determination of probable cause."

Paas, 61, was stabbed dead inside her residence in Poblacion West, Natividad town. Her husband, lawyer Renerio Paas, found her body when he arrived home in the afternoon of Sept. 23.

Aida Cabiles, wife of accused Elmer Cabiles, executed a sworn affidavit that her husband told her it was Jornald Vargas, his co-worker in a construction company, who had killed Paas due to a grudge with the judge’s husband.

Elmer Cabiles also executed a sworn affidavit that in the afternoon of Sept. 23, Vargas asked him to accompany him to the Paas residence.

Cabiles said that as soon as they entered the Paases’ house, Vargas, brandishing a knife, ordered him to tie the judge’s hands.

He said Vargas dragged the judge inside the toilet of the master’s bedroom and closed the door. When Vargas came out later, Cabiles said his hands and the knife had blood.

Cabiles said he did not know of any reason why Vargas would kill Paas.

The Criminal Investigation and Detection Group (CIDG) in Urdaneta City filed theft and murder charges against Cabiles and Vargas last Nov. 10.

On Nov. 21, the day set by Butuyan to examine Renerio Paas and his witnesses to help him determine probable cause to justify the issuance of arrest warrants for the accused, Paas’ son, Ronald, also a lawyer, entered his appearance as a private prosecutor.

The young Paas told the court that his father was sick and that he would rather present the witnesses before another judge after a re-raffle of the case, saying that he perceived Butuyan to be biased and partial.

In a Nov. 21 order, Butuyan lamented that what Renerio and his son "do not seem to realize is that had their witnesses been presented for examination pursuant to Section 2, Article III of the Constitution, the court might have found less difficulty — than it does now — in determining the existence of probable cause after resolving a priori issues of voluntariness and probity."

Superintendent Pat Orduña, CIDG-Pangasinan chief, told The STAR that Cabiles is detained in Urdaneta City for another murder in Caloocan City, while Vargas posted bail for a separate case of illegal possession of firearms. — Eva Visperas