Estranged hubby back as an accused

FORMER Justice Secretary Agnes Devanadera yesterday reinstated businessman Manuel Jimenez III as respondent in the murder of his estranged wife, Ruby Rose Barrameda, sister of actress Rochelle Barrameda.

In a 12-page resolution, Devanadera granted the petition for review of the Barrameda family which sought Jimenez’ inclusion as a respondent and ordered the filing of parricide charges.

Devanadera also granted the petition for review filed by fishing magnate Lope Jimenez to withdraw the Information for murder against him, and ordered that his name be removed from the list of respondents.

Lope, uncle of Manuel, owns the property where Barrameda’s body was found stashed inside a steel box. Also charged was Jimenez’s father and Lope’s brother, Manuel Jr.

Devanadera reversed the findings of the investigating prosecutors in August last year that found ample evidence to warrant the filing of murder charges against Lope before the Navotas regional trial court.

"The alleged conspiracy was not previously established by separate and independent evidence. The other affidavits and the entire records are utterly devoid of any evidence that would separately and independently prove conspiracy between Lope Jimenez and the other respondents," the DOJ said.

Lope’s lawyer Ferdinand Topacio said there was no proof that his client was involved in the conspiracy to kill Ruby Rose.

The DOJ gave credence to Topacio’s claim that under pertinent jurisprudence, probable cause cannot be established by the testimony of lone eyewitness Manuel Montero, and that there could have been no conspiracy between Lope and Manuel Jr. since the two have been estranged long before the crime was committed, due to differences in running the family business.

It further said that the extra-judicial confession of Montero is supported by Section 28 of Rule 130 of the Rules of Court, which states that the "rights of a party cannot be prejudiced by an act, declaration or omission of another."

"The statements made by Montero as to the participation of Manuel Jimenez III to the killing cannot be simply considered as hearsay. They are independent relevant statements. Moreover, Jimenez III has every motive to participate, if not plan, the murder of his wife," the resolution stated.

In the August 2009 resolution, the prosecutors said there was no evidence to warrant the filing of murder charges against Manuel Jimenez III but found sufficient evidence to charge Manuel Jimenez Jr. and Lope for Barrameda’s killing.

The prosecutors gave merit to Montero’s allegations that he was among those ordered by his employer, Lope, to kill Barrameda, for she had supposedly brought shame to the Jimenez family.

Records of the case showed that on May 14, 2007, Barrameda went missing after leaving their residence in Moonwalk Village, Las Pinas.

She was supposed to go to the International Bank branch in Ayala-Alabang and afterwards to the residence of her in-laws in BF Homes Executive Village in Paranaque to visit her two minor children. There is a pending civil case between Barrameda and Manuel for legal custody of their children.

Failing to return home that night, the Barrameda family reported the incident to police, but all efforts produced negative results until May 18, 2009 when Montero voluntarily surrendered and admitted his participation in the killing.

On Montero’s directions, authorities recovered Barrameda’s body concealed in a cemented steel drum in the waters off the Navotas fish port on June 10. – Evangeline de Vera

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