Sunday, January 28, 2007

AGONG ROLAND KILLING
DoJ orders Aklan fiscal to file murder charges
BY BOY RYAN B. ZABAL

KALIBO, Aklan – Justice is here to stay.
Acting Justice Secretary Raul Gonzalez Sr ordered the Aklan Provincial Prosecutor to file the information of murder against the two suspects, Amador Paz and Jessie Ticar, for the killing of radio broadcaster Rolando ‘Agong Roland’ Ureta five years ago.
“It (killing) appears to have been carried out with deliberate intent and evident premeditation, probable cause exists to hold the respondents liable for the crime of murder,” Gonzalez stressed on his 5-page resolution dated January 16, 2007.
Fiscal Lourdes Quimpo-Mayor said she would elevate the information to a regional trial court this week charging the two suspects of killing Ureta.
After Third Assistant Provincial Prosecutor Apolinar Barrios resolved the charge against Ticar of Oyo Torong Street, Kalibo, Aklan and Raz of Brgy. Badio, Numancia, Aklan of murder in 2004, the prosecution filed a petition for review before the Department of Justice (DOJ) under I.S. No. 2004-4161.
Gonzalez acted the said petition by reversing and setting aside the decision of Barrios, saying, “the witness positively identified the persons responsible for the killing of Ureta.”
“Weighed against the denials and alibis of the suspects, said witness’ affirmative testimony is stronger than a negative one. The record is bereft of any showing that Gerson Sonio was prompted by ill-will in testifying against the suspects,” Gonzalez added.
Mayor said the accused could be immediately arraigned in murder charges based on the information filed by the Aklan Prosecutors Office.
She pointed out over DYRU Super Radyo Kalibo that she received a copy of DOJ’s resolution last Friday.
“A motion for reconsideration could be filed by the defense before the DOJ and urged the suspension of the warrant of arrest issued by the court,” she added.
THE KILLING
Ureta left RMN DYKR radio station at 9:30 p.m. of January 3, 2001 after his nightly news and commentary radio program “Agong Nightwatch.”
Unknown armed attackers on board a motorcycle gunned him down at Brgy. Bagto near the house of Roming Aguirre as he was driving home to Lezo town, about 10 kilometers from Kalibo. He died instantly of three gunshot wounds.
Gerson Sonio, the police lone witness, who was riding on his bicycle during the incident, said he saw the suspects shooting the victim. The suspects, he said, fled towards the direction of the town of Numancia, Aklan.
After five minutes, he went out from where he was hiding, boarded his bicycle and passed by the body of the victim and he went home. The following day, he heard the news from a local radio station, but, he did not report the incident to the police for fear that the suspects would inflict harm on him and his family.
Three years after, the police charged Ticar and Raz of killing Ureta on September 24, 2004, based on testimonies of a witness. The suspects denied murdering Ureta.
Ticar said he was attending the birthday party of his niece, Shiela Marie Torres, and he was with his entire family during the time Ureta was murdered.
The prosecutor on December 6, 2004 gave credence to the claims of Gerson’s father, Perlito and his uncle Diego Masangya who insisted that they were all in Iloilo City on January 3, 2001 working as ice cream vendors and had gone home to Aklan before Christmas of 2003.
“That Gerson Sonio was lying, because nowhere in his affidavit did he state that he is a balut vendor, that he was tending balut during said time, that he had in fact 100 pieces of balut taken from Anthony Tolentino, his affidavit simply that after the incident, he went home to Badio,” Barrios stressed.
The prosecutor said, “both Gerson and Anthony are lying, because the former says he went home but the latter saying that Gerson reported to him to remit money at 1 a.m. of January 4, 2001, clearly show the total lie of everyone in the complaint.”
Barrios said the testimonies of Perlito Sonio appeared more credible and remained uncontroverted.
A motion for reconsideration on January 4, 2005 was filed, but this was denied on February 10, 2005 despite the affidavits of additional two witnesses supporting Sonio's testimony.
Ureta, a former student leader of Northwestern Visayan Colleges in Kalibo, was the 36th journalist killed since 1986, according to the National Union of Journalists of the Philippines (NUJP).

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