TACLOBAN CITY- An information for Murder was filed by the Office of the Provincial Prosecutor-Leyte against San Isidro, Leyte Mayor Remedio Balmoria Veloso, and his brother Emmanuel together with four other personalities namely Cayetano Balmoria Dagandan, Manuelito Balmoria Sidaya, a certain John Doe and Peter Doe.
The information was filed after a careful evaluation of the Motion for Reconsideration filed by the Criminal Investigation and Detection Group (CIDG) last July 19, 2023 after the assigned prosecutor under the Office of the Provincial Prosecutor-Leyte dismissed their complaint last June 17, 2023 in connection with the killing of former San Isidro, Leyte Municipal Administrator Levi Mabini alias “Bambam” last May 8, 2019 at Barangay Capiñahan, San Isidro, Leyte.
IN PHOTO: Mug shot of Emmanuel “Wingwing” Veloso, the brother of San Isidro, Leyte Mayor Remedio “Bebot” Balmoria Veloso, in a separate case.
Based on the resolution signed by Provincial Prosecutor Ma. Arlene Huñamayor-Cordovez last August 16, 2023, the motion for reconsideration filed by the CIDG is deemed unopposed. Respondents were furnished a copy of the Motion for Reconsideration on July 17, 2023 and were able to submit their comment or opposition on the Motion for Reconsideration only on August 03, 2023 despite having received the same on July 20, 2023, which is three (3) days beyond the deadline for submission of their comments or opposition, hence it is as if no comments or opposition was received by their office.
Nevertheless, in the interest of justice, the undersigned still took into consideration the comments or opposition filed by the respondents in order to arrive at a fair and equal conclusion.
In their motion for reconsideration, the complainants relied on their arguments to assail the resolution that the Office of the Provincial Prosecutor gravely abused its discretion amounting to lack or excess of jurisdiction when: (a) after admitting in page 11 of the subject resolution that all the respondents are guilty of the crime of Murder herein charged, it proceeded to still dismiss the instant criminal complaint for alleged “insufficiency of evidence”; (b) after concluding in page 11 of the instant resolution that the gunmen (John Doe and Peter Doe) and Cayetano were the principals by direct participation, Emmanuel and Remedio are principals by direct participation, and also principals by inducement as the ones who planned the killing of the victim and hired the gunmen for such purpose while Manuelito is principal by indispensable cooperation as the one who recruited the gunmen upon the order of Emmanuel, this Office proceeded to raise and discuss issues that relied on “pictures and CCTV footages” that, as admitted in pages 9 to 10 of the Resolution, never formed part of the record of the case, and were not received by complainants; (c) when it concluded in page 13 of its Resolution that witness Edgar could not have seen Cayetano and the gunmen inside the “pick-up” given the fact that the CCTV footage indeed showed that the two right side windows of the pick-up were opened and bursts of gunfire can be seen from thereon, simultaneously. One was firing at the front right seat and another at the rear seat while Officer Atchuela was on the ground facing them; (d) worse, despite respondent’s admission that probable cause was established when they engaged the authorities in “hot pursuit”,
the Office of the Provincial Prosecutor opted to dismiss the case; and (e) when it opted not to resolve the query of respondents why it took four years for complainant’s witnesses to testify against respondents in the said case.
IN PHOTO: Former San Isidro, Leyte Municipal Administrator Levi “Bambam” Mabini.
As stated also in the resolution of Prosecutor Cordovez, complainants also submitted supplemental affidavits of witnesses Edgar V. Dela Rosa and Zello M. Veloso to further strengthen the allegations contained in their complaint.
After a careful evaluation of the Motion for Reconsideration and even taking into consideration the comments and opposition of the respondents, Prosecutor Cordovez still finds merit in the instant Motion for Reconsideration. As a result, the questioned resolution was dismissed on the ground of insufficiency of evidence. A second run-through of said resolution shows that this conclusion was reached by focusing on the records, evidence, cctv footages and previous resolutions of their Office on complainants concerning the same incident with different witnesses, which records and evidence formed part of respondent’s counter-affidavit.
By giving focus on the evidences of the respondents, the Office of the Provincial Prosecutor inadvertently passed over and overlooked the strength of the testimonies and the evidence presented by complainant and their witnesses giving rise to the dismissal of the complaint for insufficiency of evidence.
The motion for reconsideration filed by the CIDG brought back the attention of the Office of the Provincial Prosecutor to issue on hand and allowed the undersigned a second chance to thoroughly go over the entire records submitted by the complainants and their witnesses as well as the averments included in respondents’ counter-affidavits and fully determine the issue of culpability in the death of Mabini.
Indeed, it is clear that the allegations in the present complaint duly supported by the testimonies of witnesses Zello, Edgar and Jed Granados, together with all the pieces of evidence attached to the complaint, sufficiently established the elements of Murder as defined in Article 248 of the Revised Penal Code as follows: (1) that a person, namely Levi Mabini aka “Bambam”, was killed on May 08, 2019 in Barangay Capiñahan, San Isidro, Leyte; (2) that all the respondents, conspired and confederated with each other with intent to kill, and killed Levi Mabini aka “Bambam”; (3) that as provided under Article 17 of the Revised Penal Code, a) respondents Emmanuel and Remedio are considered to have acted as principals by inducement, b) respondents John Doe and Peter Doe, the gunmen who shot Levi Mabini to death, acted as principals by direct participation, and c) respondent’s driver, Cayetano and recruiter Manuelito, acted as principals by indispensable cooperation; (4) that the killing of Levi Mabini was attended by the qualifying circumstances of taking advantage of superior strength with the aid of armed men as well as for the consideration of a price, reward or promise; and (5) lastly, the killing is not parricide or infanticide.
In their counter-affidavit, respondents simply denied their participation in the commission of the crime and focused on trying to discredit the reliability of the testimonies and the evidences submitted by complainants and their witnesses but did not totally refute their averments. Instead of offering solid evidence of their non-involvement in the commission of the crime, they centered on the alleged incredulity of the testimonies of the witnesses and denied any close relationships with them which would have made them privy to confidential matters. They even failed to explain the presence in their place, of the vehicle used in the commission of the crime, which vehicle was discovered after the conduct of a “hot pursuit” operation. Respondents simply relied on the previous resolutions issued by the office as well as the evidence submitted in said previous case. Their denial however was rebutted by the testimonies of the present witnesses in the complaint as well as the evidence that were submitted as part of the Motion for Reconsideration. Complainant’s witnesses related in detail how they were able to know and witness the commission of the crime. They were able to show and prove the closeness of their relationships with respondents which made them privy to delicate and confidential matters such as the planning of Levi Mabini’s death as well as to his eventual demise. Such details surpass all the denials made by the respondents.
IN PHOTO: The crime scene where Levi “Bambam” Mabini was killed at Barangay Capinahan, San Isidro, Leyte last May 08, 2019.
While respondents may still have other defenses and evidences to rebut the allegations against them, Cordovez believes that they are evidentiary in nature and is best dealt with in court.
Thus, considering the foregoing premises, the Motion for Reconsideration filed by the CIDG was granted by the Office of the Provincial Prosecutor. Accordingly, the resolution dated June 15, 2023 is hereto set aside and an information for Murder against herein respondents be filed before the Regional Trial Court (RTC) of Calubian, Leyte. No bail was recommended for the temporary liberty of the respondents, the offense charged being a non-bailable offense.