Exactly the day before the 2nd year commemoration of the killing of Calbayog City Mayor Ronaldo Aquino, the nine accused for the crime were granted by the assigned judge of their wish: to be able to post bail for their temporary liberty, despite the non-bailable case of murder they are facing.
Judge Maricar Lucero —in a decision that surprised everyone—ruled that the nine accused, formerly police officers, are allowed to post bail, citing weak evidences against them by the prosecution.
Judge Lucero is from the Regional Trial Court-branch 41 in Gandara but was assigned to handle the Aquino murder cases at RTC-branch 31 in Calbayog City after its judge voluntarily inhibited himself from it due to public speculations that he was favoring the accused.
The nine, who now can post bail of P120,000 each, are: Harry Sucayre (formerly police/lieutenant colonel), Shyrile Tan (ex-p/major), Dino Goles (ex-p/capt.), Julio Armeza Jr. (ex-p/lt.), Neil Cebu (ex-p/ssgt), Edsel Omega (ex-p/ssgt), Randy Merelos (ex-p/ssgt), Julius Garcia (ex-p/cpl), and Nino Salem (ex-p/pat.).
A panel of prosecutors from the Department of Justice filed charges for four counts of murder against the nine accused for the death of the mayor and his aides during an incident—which the NBI said was an ambush, not a shootout—at Labuyao bridge in Calbayog City on March 8, 2021.
Another charge for attempted murder was also filed against them for the wounding of the mayor’s escort who survived of gunshot wound inside the van.
Lucero, in her decision, stated that the prosecution “failed to establish strong and convincing evidence of guilt for the crime of murder” against the nine accused.
She then justified the purpose of granting bail to them as “to guarantee the appearance of the accused at trial, or whenever so required by the court.”
Private prosecutor Alma Uy-Lampasa, who was emotional and apparently dejected of the judge’s decision, shared to the local media that she immediately filed a motion for the judge to inhibit from further handling the case and to move, under the new judge, for reconsideration to reverse the decision of granting bail to the accused.
Lampasa said she only recently got wind of an information that the husband of Judge Lucero had been designated head of the city planning and development department of the Calbayog City Hall by now Mayor Raymund Uy, a close ally of Congressman Jimboy Tan (1st district, Samar).
“The appearance of neutrality (for the judge) is no longer there, considering such appointment of her husband,” said Lampasa.
Uy and Tan were actually accused before by the Aquino family as the suspected masterminds in the ambush-murder, but the DOJ had, at the time, set aside the charge for more time to gather evidences to it first.
Lampasa said Judge Lucero seemed not to believe in the NBI findings that Aquino and his escorts were ambushed. “She closed her eyes to the gathered evidences of the NBI showing that it was an ambush. The judge even said that there was “no treachery involved” because the mayor was shooting back at the suspected assailants who strafed his van.
The judge chose not to consider that the mayor at the time, based on NBI’s evidences, who was already wounded and cornered, had to fight back for his life which is but natural for any man. But it does not lessen the treacherous act of an ambuscade, even if confirmed by the NBI, said Lampasa.
The bail hearing started last October, November, and December in 2021 and in January this year. Both defense and prosecution were asked to submit their respective evidences. Yesterday, on March 7, Lucero released her decision favoring the accused.
The second death anniversary was commemorated with a Mass at the Calbayog City Cathedral this morning of March 8. Marcelina, the widow of mayor Aquino said that real justice must be served. She however did not comment yet regarding the granting of bail to the accused, who would be set free any time after posting bail.
Supporters of the Aquino family, were also hoping that justice will be granted for the late mayor and three others who were killed in that ambush.
Meanwhile, Lampasa shared to the media her emotionally charged question: Due to the series of threats to her life since the hearings, she wondered until when will she continue to live. —Miriam G. Desacada