Ex- Davao gov, 3 others face raps for journalist’s murder

MANILA, Philippines - The Department of Justice (DOJ) has approved the filing of murder charges against former Davao del Sur governor Douglas Cagas, Matanao town Mayor Vicente Fernandez and two others for the killing of a journalist in 2010.

In a 16-page resolution, Justice Secretary Leila de Lima also ordered the indictment of Ali Ordaneza and Bado Sanchez, and withdrawal of the case filed against gunman Voltaire Mirafuentes, his brother Henry Jr. and fellow accused Artemio Timosan Jr. 

A consultant for the weekly newspaper Kastigador, Nestor Bedolido was shot dead in Digos City on June 19, 2010 by one of two motorcycle-riding men.

Mirafuentes surrendered to the police and admitted his participation in the killing. In an affidavit, he pointed to Cagas and Fernandez as the masterminds and Ordaneza and Sanchez as accessories to the crime. 

The prosecutors did not find enough evidence that Timosan conspired with the other respondents.

De Lima reversed the finding of acting city prosecutor Rassendell Rex Guingoyon dismissing the charges against Cagas, Fernandez, Ordaneza and Sanchez in resolutions issued in January and April 2010, which said the rights of the respondents should not be prejudiced by the extrajudicial confession of Mirafuentes, as it is binding only to him.

However, De Lima said the rule is applicable only to cases filed in court and not during the preliminary investigation.

“Such rule will prevent witnesses from repeating in court during the trial their extrajudicial confessions and result in the loss of opportunity to transpose such confessions into judicial admissions to render them admissible in evidence,” according to her resolution.

“Applying the principle at this point will stifle the prosecution. This will be inconsistent with the nature or purpose of a preliminary investigation, which is to determine probable cause only,” it added.

 De Lima said Mirafuentes’ statement is positive, categorical and sufficient to form a reasonable belief that murder has been committed.

 “Cagas, Fernandez, Ordaneza and Sanchez are probably guilty thereof,” she said.