After clearing 3 accused officials, Arles’ kin seeks review of DOJ ruling

BACOLOD CITY, Philippines — The family of slain Kabankalan City RTC Judge Henry Arles filed on Tuesday (May 21) a motion for partial reconsideration on the DOJ ruling dismissing the murder complaint against three Negros Occidental officials.

Lawyer Ma. Estelita “Ria” Arles, daughter of the judge, told The Freeman yesterday that they have filed a petition to review the DOJ resolution (dated Nov. 19, 2012 but released only last May 6) that cleared three of the 10 accused-Negros Occidental Vice Governor Genaro Alvarez Jr., who ran but lost for governor in the May 2013 election; his son Ilog town Mayor John Paul Alvarez, who ran for vice mayor and won; and Cauayan town Vice Mayor Jerry Tabujara-for “insufficiency of evidence.”

The DOJ, however, recommended the filing of murder charges against seven other respondents: Marvin Salve, Gerald Tabujara, Rustom Puro, Alejandro Capunong, Jessie Daguia, and Eddie Fortunado (all alleged members of the Revolutionary Proletarian Army-Alex Boncayao Brigade) and Emmanuel Medes, administrative aide of the Ilog LGU.

The Arles family said they filed a motion for partial reconsideration because they only questioned the dismissal of the charges against the three officials, while upholding the indictment of the seven other accused, Ria said.

Ria said her family is questioning the DOJ ruling because they presented the same set of evidence against all 10 respondents, but cleared three of the accused while recommending the filing of charges against the seven others.

The DOJ decision was penned by prosecutor Vimar Barcellano, recommended for approval by senior deputy state prosecutor Richard Anthony Fadullon, and approved by Prosecutor General Claro Arellano.

“It must be stressed that the purpose of a preliminary investigation, as provided for by the Supreme Court, is to establish probable cause and to secure the innocent against hasty, malicious and oppressive prosecution. It is an inquiry to determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof,” the DOJ resolution reads.

“The dismissal of the charges against the three was granted without prejudice to the refiling of the same should additional evidence be obtained against the respondents,” the 16-page resolution adds.

Philip Arles, son of the late judge, earlier said that the family will never stop seeking for justice for his father and that the lawyer members of the family will study on what to do next. (FREEMAN)