THE Court of Appeals on Friday ordered the
Department of Justice to proceed with its investigation of the
two counts of murder and one count of frustrated murder filed
against former Batangas Vice Governor Richard Recto and a
co-accused by former Batangas governor Armand Sanchez.
Recto is the elder brother of Economic
Planning Secretary Ralph Recto and the brother-in-law of
incumbent Batangas governor Vilma Santos-Recto. He was tagged as
the mastermind in the bombing attack on Sanchez on June 1, 2006.
In an 11-page decision, the CA First Division
found no merit in the petition of Atty. Christopher Belmonte to
stop the DOJ’s preliminary investigation on the murder and
frustrated murder cases pending its resolution of the rebellion
case lodged against himself and his co-conspirators.
Belmonte, a nephew of Quezon City Mayor Sonny
Belmonte, was a former lawyer for the Magdalo junior officers
who took over the Oakwood Premier Apartments in Makati City
during the July 27, 2003 mutiny in a bid to oust President
Arroyo. He was later charged as co-accused along with the group
of Maj. Gen. Renato Miranda in the rebellion case in connection
with the planned public withdrawal of support for Arroyo at Edsa
in February 2006.
Belmonte had alleged that the attempt on the
life of Sanchez was but a component crime of the rebellion
charges against them. This argument was dismissed by the CA.
The appellate court said Belmonte was not
able to cite any legal justification to suspend the
investigation, considering the evidence showed no link between
the plot to kill Sanchez and whatever rebellion activities were
allegedly being perpetrated by petitioner and his companions.
"Whether the bombing incident involving
ex-Gov. Sanchez was committed in furtherance of the rebellion
activities of the group of petitioner is not definite and
certain at this stage. It is yet to be determined," the CA said.
Sanchez was about to board his Hummer H-2
vehicle when it blew up inside the Batangas provincial capitol
compound, killing his driver and close-in security Luisito Icaro
and PO2 Eric Landicho. Sanchez survived with burns and other
injuries.
A joint investigation conducted by the
National Bureau of Investigation and the Criminal Investigation
and Detection Group resulted in a CIDG recommendation to the
Batangas city prosecutor the filing of murder and frustrated
murder charges against Recto, Belmonte, Bettina Balderrama,
Christina Antonio, 1Lt. Angelbert Gay, 2Lt. Aldrin Baldonado and
Ltjg. Kiram Sadava and six John and Jane Does.
Recto filed for transfer of venue for the
preliminary investigation which was granted, reassigning the job
to the DOJ investigating panel.
Belmonte filed with the DOJ panel an urgent
motion to suspend preliminary investigation. He also argued that
should he be held liable for the failed February 2006 rebellion,
the state should not be permitted to prosecute, independent of
the rebellion case, the various component crimes committed in
pursuit of rebellion such as the bombing incident.
His motions before the DOJ panel were all denied, prompting
him to elevate the case to the CA. – Evangeline C. de Vera
