Exoneration does wonders for Villarosa’s health
By DJ Yap, Jocelyn Uy, Julie M. AurelioPhilippine Daily InquirerFirst Posted 03:29:00 03/20/2008
MANILA, Philippines—His exoneration appears to have done wonders to the health of former Rep. Jose Villarosa, who had been confined at the Makati Medical Center where he said he was still recuperating from “major” lung surgery more than two months ago.
Villarosa left the hospital Wednesday afternoon to go to the New Bilibid Prison (NBP) facility in Muntinlupa City for his official discharge, according to NBP officer in charge Supt. Ramon Reyes.
He came with his wife, Deputy Speaker Amelita Villarosa, and about five bodyguards, Reyes said.
“He was smiling but he looked very frail,” the prison official said.
By then, the former congressman, whose conviction for the murders of the sons of a political rival was overturned by the Court of Appeals, was already garbed in civilian clothes, “a light blue polo shirt and dark pants,” Reyes said.
Reyes said prison authorities officially released Villarosa from the NBP custody Wednesday afternoon.
“He is no longer in the custody of the NBP. He’s free to go,” the prison official said.
Release order
The correctional facility received the order of release from the Court of Appeals midmorning Wednesday and Villarosa, a former congressman from Occidental Mindoro, was formally discharged at past 4 p.m.
The release order was signed by the appellate court’s 5th Division Justices Martin Villarama Jr., Noel Tijam and Sesinando Villon, Reyes said.
Villarosa said the favorable court decision was expected because his lawyer, Estelito Mendoza, had raised very good points in asking the appellate court to overturn the guilty verdict.
“We appealed the decision because we believe that we are not guilty. So I am very thankful for the decision of the Court of Appeals,” he said.
Based on ‘conjectures’
His family hailed his acquittal as a “triumph of justice” and a vindication of his innocence.
“He’s happy that justice prevailed,” Deputy Speaker Amelita Villarosa said in a phone interview shortly after visiting her 65-year-old husband at the Makati Medical Center.
“I’m glad that justice prevailed. My husband has been innocent all this time,” she added.
To celebrate his acquittal, his family might hold a reunion in Tagaytay City after his release from the hospital.
The Villarosa family expected the acquittal because Quezon City Regional Trial Court Judge Teresa Yadao had convicted him and his co-accused, and sentenced them to death based on “conjectures,” according to Villarosa’s wife.
“My husband can’t be in two places at the same time,” she said, referring to prosecution testimonies supposedly given weight by the judge.
The death sentence was lowered to life imprisonment after President Gloria Macapagal-Arroyo abolished the death penalty.
Villarosa made a last visit to the NBP to pack his things and give away some personal items.
An insider spotted Villarosa back at the NBP at around 4 p.m., packing his luggage at his “kubol” (a structure like a house where he was detained) at the maximum security compound.
“He auctioned his other stuffs like his electric fan to other inmates. It seems like he’ll spend Holy Week a free man,” said the source, who asked not to be named.
Cask gifts to inmates
The insider added that as a last act of generosity, Villarosa gave his close “staff” of inmates about P500 each.
Other prisoners got P100 as a going away gift.
The source noted that Villarosa sported a shaven head and had visibly slimmed down after reportedly undergoing an operation.
In December, Villarosa went on hospital leave and underwent surgery reportedly for cancer. He has stayed out of the NBP since then.
Doctors operated on him and removed his left lung in early January this year. He has been undergoing treatment since then.
Villarosa also reportedly made a last visit to his capiz-making livelihood stall at the maximum security compound to assure the workers that operations would continue.
The Philippine Daily Inquirer source said he spotted Villarosa exiting the NBP’s Gate 1 at around 6:50 p.m.
Villarosa told Reyes that he would likely be back at the Makati Medical Center very soon, but he did not say when.
Itching to return to his hometown, Villarosa had said before he went to the NBP that he was expecting his doctors to release him by the end of next week.
“My doctors said I should stay here two to three weeks more. But by the end of next week, I could be out of the hospital,” he said in a phone interview with the Inquirer Wednesday.
Medical furloughs
In his two-year incarceration, Villarosa had enjoyed “medical furloughs,” which were approved by jail authorities and the Department of Justice.
Ricardo Quintos, father of the slain brothers, had complained to the appellate court about Villarosa being brought to the hospital in December, contending that the latter was not really sick and only wanted to enjoy the amenities of the private hospital which are more luxurious compared with the prison facilities.
Sources in the NBP earlier said that the former lawmaker had even put up a livelihood center and a five-foot deep “pond” next to his “kubol” to pass time.
Warning to NBP
In its decision, the Court of Appeals took to task the NBP for failing to inform it of Villarosa’s hospitalization.
It warned the NBP that failing to inform the court of a prisoner’s release for hospitalization or any other purpose would be dealt more severely next time.
The appellate court asked the NBP to inform it if Villarosa had returned to the NBP or was still at the hospital.
Glad about the appellate court’s ruling, he is set to get busy with politics and his businesses again and might file a case against the judge that meted him the death penalty two years ago.
When he returns to his hometown next week, he said he would attend full-time to his fish ponds, cattle ranch and mango plantation.
“I would also resume my meetings with my allies in politics,” he told the Inquirer on the phone before he went to Muntinlupa.
Disbarment
Villarosa said he would meet up with his lawyer to talk about the possibility of filing a disbarment case against Yadao “to preclude her from doing judicial injustice to others.”
He said there could be others who suffered his fate, but unlike him, chose to keep silent.
The former lawmaker accused the judge of handing down an “unjudicial verdict” by coming up with conjectures in his case.
“In her decision, she said I could have used a helicopter to get to Congress on time after a supposed meeting with the New People’s Army in Mindoro. But this was not in any of the affidavits of the prosecution,” he said.
Time to move on
With the acquittal, the Villarosa couple and their five children could “now move on with their lives” without the tag “murder convict” attached to the elder Villarosa’s name.
“We will go on with our life. But it’s much nicer having the shadow of conviction reversed finally,” said Villarosa’s wife, 64, who rued that she had often been referred to in the news as the wife of a “convicted murderer.”
Traumatized
The stigma of the Villarosa patriarch’s conviction and later incarceration at the NBP took a heavier toll on the children, especially the youngest who is now 19.
“Our children were traumatized. When my husband was convicted, the youngest was in grade school, and his grades took a nose-dive. It’s a good thing a guidance counselor was around to guide him,” the congresswoman said.
“The trauma made them stronger, but I wouldn’t wish that on my friends,” she added.
Otherwise, the whole experience brought the family even closer together.
Much closer now
“We bonded together; we’re much closer now. The family is intact all this time. We’re stronger than ever,” Ms Villarosa said. “We look forward to moving on with our lives, with our children and grandchildren.”
The Villarosa couple have three boys and two girls, aged 19 to 38, and eight grandchildren.
The Villarosas are looking forward to spending the Holy Week together at the Makati Medical Center, or at their home in Makati City, if Villarosa is discharged.
“It all depends on the doctor,” Ms Villarosa said, when asked if her husband would be discharged in the next two weeks. With a report from TJ Burgonio
Thursday, March 20, 2008
Truly an Easter Gift... From the Palace???
Palace congratulates Villarosa on ‘Easter gift’
INQUIRER.netFirst Posted 16:31:00 03/19/2008
MANILA, Philippines -- Malacañang congratulated former MindoroOccidental congressman Jose Villarosa for getting an "Easter gift" -- the decision of the Court of Appeals to overturn his conviction for murder.
"I can just congratulate them on their Easter gift," ExecutiveSecretary Eduardo Ermita said, referring to the former lawmaker, andhis wife, Deputy Speaker Amelita Villarosa of the House of Representatives.
"We are living by the rule of law. We have to respect the decision of the court," he said.
Ermita said the court's decision had nothing to do with the Villarosa couple's close ties with President Gloria Macapagal-Arroyo.
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Palace congratulates Villarosas, shrugs off rumors
By Christine AvendañoPhilippine Daily InquirerFirst Posted 03:31:00 03/20/2008
MANILA, Philippines—Malacañang shrugged off speculations that the acquittal of former Occidental Mindoro Rep. Jose Villarosa resulted from his and his wife’s closeness to President Macapagal-Arroyo.
“We are living by the rule of law,” said Executive Secretary Eduardo Ermita, a former congressman, as he congratulated the Villarosa couple for the “Easter gift.”
Speculations were rife last year that Deputy Speaker Amelita Villarosa’s move to defend Malacañang from allegations that it bribed a number of members of the House of Representatives to kill an impeachment complaint against the President had something to do with her lobbying for her husband’s freedom.
At the height of the alleged payoff scandal, Villarosa said the funds received by House members and a number of governors belonging to her and Ms Arroyo’s Kabalikat ng Malayang Pilipino (Kampi) party were the political party’s money.
Brown envelopes containing P500,000 were handed to the legislators and governors in Malacañang in October.
Villarosa, secretary of Kampi, is also a regular part of Ms Arroyo’s delegation on the President’s trips abroad—Spain last December and Davos, Switzerland last January.
Ermita said the speculations stemmed from the Deputy Speaker’s close working relationship with the President.
“It has nothing to do with the Court of Appeal’s [ruling] because in law, it’s better to release 99 percent of the criminals who had been brought to court than imprisoning just one percent who had not been proven guilty beyond reasonable doubt,” the executive secretary said.
INQUIRER.netFirst Posted 16:31:00 03/19/2008
MANILA, Philippines -- Malacañang congratulated former MindoroOccidental congressman Jose Villarosa for getting an "Easter gift" -- the decision of the Court of Appeals to overturn his conviction for murder.
"I can just congratulate them on their Easter gift," ExecutiveSecretary Eduardo Ermita said, referring to the former lawmaker, andhis wife, Deputy Speaker Amelita Villarosa of the House of Representatives.
"We are living by the rule of law. We have to respect the decision of the court," he said.
Ermita said the court's decision had nothing to do with the Villarosa couple's close ties with President Gloria Macapagal-Arroyo.
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Palace congratulates Villarosas, shrugs off rumors
By Christine AvendañoPhilippine Daily InquirerFirst Posted 03:31:00 03/20/2008
MANILA, Philippines—Malacañang shrugged off speculations that the acquittal of former Occidental Mindoro Rep. Jose Villarosa resulted from his and his wife’s closeness to President Macapagal-Arroyo.
“We are living by the rule of law,” said Executive Secretary Eduardo Ermita, a former congressman, as he congratulated the Villarosa couple for the “Easter gift.”
Speculations were rife last year that Deputy Speaker Amelita Villarosa’s move to defend Malacañang from allegations that it bribed a number of members of the House of Representatives to kill an impeachment complaint against the President had something to do with her lobbying for her husband’s freedom.
At the height of the alleged payoff scandal, Villarosa said the funds received by House members and a number of governors belonging to her and Ms Arroyo’s Kabalikat ng Malayang Pilipino (Kampi) party were the political party’s money.
Brown envelopes containing P500,000 were handed to the legislators and governors in Malacañang in October.
Villarosa, secretary of Kampi, is also a regular part of Ms Arroyo’s delegation on the President’s trips abroad—Spain last December and Davos, Switzerland last January.
Ermita said the speculations stemmed from the Deputy Speaker’s close working relationship with the President.
“It has nothing to do with the Court of Appeal’s [ruling] because in law, it’s better to release 99 percent of the criminals who had been brought to court than imprisoning just one percent who had not been proven guilty beyond reasonable doubt,” the executive secretary said.
Political Influence in JTV Acquittal?
VACC: Villarosa acquittal a huge setback for justice
By Jerome AningPhilippine Daily InquirerFirst Posted 21:37:00 03/19/2008
MANILA, Philippines -- The Volunteers Against Crime and Corruption expressed its “dismay” over the Court of Appeals reversal of former congressman Jose Villarosa’s conviction for the murders of his political rival’s sons.
“I'm dismayed. We're not happy with the decision. This is a setback in the crime victims' quest for justice,” VACC founding chair Dante Jimenez told the Philippine Daily Inquirer in a phone interview.
Through its “Court Watch” program, VACC monitored the Villarosa trial at the Quezon City regional trial court. Jimenez said that based on their monitoring, they established that Judge Teresa Yadao “made the right decision” in convicting the former congressman for the murders of the two sons of former congressman Ricardo Quintos.
While he hoped “no political influence was involved in rendering the reversal,” Jimenez said VACC has been “alarmed” by the number of high-profile convictions that have recently been reversed by the Court of Appeals.
“We hope that the CA justices who reviewed the Villarosa case are able to sleep peacefully at night,” Jimenez said.
By Jerome AningPhilippine Daily InquirerFirst Posted 21:37:00 03/19/2008
MANILA, Philippines -- The Volunteers Against Crime and Corruption expressed its “dismay” over the Court of Appeals reversal of former congressman Jose Villarosa’s conviction for the murders of his political rival’s sons.
“I'm dismayed. We're not happy with the decision. This is a setback in the crime victims' quest for justice,” VACC founding chair Dante Jimenez told the Philippine Daily Inquirer in a phone interview.
Through its “Court Watch” program, VACC monitored the Villarosa trial at the Quezon City regional trial court. Jimenez said that based on their monitoring, they established that Judge Teresa Yadao “made the right decision” in convicting the former congressman for the murders of the two sons of former congressman Ricardo Quintos.
While he hoped “no political influence was involved in rendering the reversal,” Jimenez said VACC has been “alarmed” by the number of high-profile convictions that have recently been reversed by the Court of Appeals.
“We hope that the CA justices who reviewed the Villarosa case are able to sleep peacefully at night,” Jimenez said.
Here's the Side of the Victim-Family...
Quintos hopes for ‘divine justice’ after Villarosa acquittal
By Jocelyn UyPhilippine Daily InquirerFirst Posted 23:31:00 03/19/2008
MANILA, Philippines -- Crushed by his rival's acquittal, former congressman Ricardo Quintos now only hopes for the "ultimate divine justice."
Though he was not surprised about the acquittal of former lawmaker Jose Villarosa, Quintos said it only illustrated the "dysfunctional" judicial system in the country.
But he would not give up the fight, Quintos resolved.
"I still believe in the ultimate divine justice. Doon walang lagayan, walang palakasan. [With God, there are no bribes, there is no patronage.] But we will also do everything humanly possible," Quintos told the Philippine Daily Inquirer over the phone on Wednesday
His two sons Michael and Paul were killed in 1997 over a land and political dispute in Occidental Mindoro. Ricardo accused his longtime rival, Villarosa, of masterminding the killing.
Quintos said he was planning to question the Court of Appeals resolution acquitting Villarosa of two counts of murder before the Supreme Court.
"It took Judge Theresa Yadao eight years and six months to study the case, but the appellate court came out with the ruling [so soon], that it didn't bother to read the transcripts of the case," Quintos pointed out.
He also accused the Court of Appeals Associate Justice Noel Tijam of accepting bribes for a decision in favor of Villarosa.
Quintos claimed the "speedy" resolution of the case buttressed his suspicions. "Totoong bayad nga siya (It’s true he’s been bribed]," Quintos said boldly.
He added that the Villarosas were trumpeting about the former lawmaker's acquittal three days ago over the radio.
"They were very sure of an acquittal. They have been boasting about it even before the CA issued the ruling today (Wednesday)," he said.
Since the radio announcement, Quintos has been bombarded with calls from concerned people. "I was really expecting his acquittal already," he said.
Quintos was also set to file an administrative case against Tijam for supposedly disregarding his motion for certiorari which he filed with the high court after the CA junked his petition asking for Tijam's inhibition.
He pointed out that Tijam handed down the resolution on Wednesday, while his motion was still pending with the Supreme Court.
Suspecting that Tijam was on the take, Quintos earlier sought his inhibition but was turned down. The court, in turn, threatened to cite him in contempt.
"But I told the court that I was ready to go to jail just so that Justice Tijam would inhibit from the case," Quintos recounted.
He also doubted the reasons Villarosa gave for his hospital confinement, saying that his doctors kept mum about his real condition. "It is he who always explains his condition, not the doctors or the hospital," Quintos observed.
Quintos’ efforts to retrieve hospital documents were futile as his lawyers were always instructed to seek a court order first
According to Villarosa, he has not been released from Makati Medical Center as he was still susceptible to infection following a "major" lung surgery last January. He has not gone back to the New Bilibid Prison since December.
By Jocelyn UyPhilippine Daily InquirerFirst Posted 23:31:00 03/19/2008
MANILA, Philippines -- Crushed by his rival's acquittal, former congressman Ricardo Quintos now only hopes for the "ultimate divine justice."
Though he was not surprised about the acquittal of former lawmaker Jose Villarosa, Quintos said it only illustrated the "dysfunctional" judicial system in the country.
But he would not give up the fight, Quintos resolved.
"I still believe in the ultimate divine justice. Doon walang lagayan, walang palakasan. [With God, there are no bribes, there is no patronage.] But we will also do everything humanly possible," Quintos told the Philippine Daily Inquirer over the phone on Wednesday
His two sons Michael and Paul were killed in 1997 over a land and political dispute in Occidental Mindoro. Ricardo accused his longtime rival, Villarosa, of masterminding the killing.
Quintos said he was planning to question the Court of Appeals resolution acquitting Villarosa of two counts of murder before the Supreme Court.
"It took Judge Theresa Yadao eight years and six months to study the case, but the appellate court came out with the ruling [so soon], that it didn't bother to read the transcripts of the case," Quintos pointed out.
He also accused the Court of Appeals Associate Justice Noel Tijam of accepting bribes for a decision in favor of Villarosa.
Quintos claimed the "speedy" resolution of the case buttressed his suspicions. "Totoong bayad nga siya (It’s true he’s been bribed]," Quintos said boldly.
He added that the Villarosas were trumpeting about the former lawmaker's acquittal three days ago over the radio.
"They were very sure of an acquittal. They have been boasting about it even before the CA issued the ruling today (Wednesday)," he said.
Since the radio announcement, Quintos has been bombarded with calls from concerned people. "I was really expecting his acquittal already," he said.
Quintos was also set to file an administrative case against Tijam for supposedly disregarding his motion for certiorari which he filed with the high court after the CA junked his petition asking for Tijam's inhibition.
He pointed out that Tijam handed down the resolution on Wednesday, while his motion was still pending with the Supreme Court.
Suspecting that Tijam was on the take, Quintos earlier sought his inhibition but was turned down. The court, in turn, threatened to cite him in contempt.
"But I told the court that I was ready to go to jail just so that Justice Tijam would inhibit from the case," Quintos recounted.
He also doubted the reasons Villarosa gave for his hospital confinement, saying that his doctors kept mum about his real condition. "It is he who always explains his condition, not the doctors or the hospital," Quintos observed.
Quintos’ efforts to retrieve hospital documents were futile as his lawyers were always instructed to seek a court order first
According to Villarosa, he has not been released from Makati Medical Center as he was still susceptible to infection following a "major" lung surgery last January. He has not gone back to the New Bilibid Prison since December.
A Longer Version of the Sad Story..
Court acquits Arroyo ally
CA rules gunman’s confession not enoughBy Leila SalaverriaPhilippine Daily InquirerFirst Posted 01:52:00 03/20/2008
MANILA, Philippines—Former Occidental Mindoro Rep. Jose Villarosa Wednesday walked out of the Makati Medical Center a free man. He had been staying in the hospital since December after reportedly undergoing lung surgery.
Saying the mere confession of the gunman implicating Villarosa as one of those who planned the killing of brothers Paul and Michael Quintos was not enough, the Court of Appeals overturned his and three others’ murder conviction handed down by the Quezon City Regional Trial Court in 2006.
Estelito Mendoza, Villarosa’s counsel, said the acquittal of the four men was immediately executory.
In acquitting Villarosa, the appellate court said circumstances failed to show “an unbroken chain which leads one to fairly and reasonably conclude that accused-appellant Villarosa planned or authored the crimes.”
“If a person is acquitted after trial, his presumption of innocence becomes conclusive because of the principle of double jeopardy ... Those who are acquitted are completely free,” Mendoza told the Philippine Daily Inquirer in a phone interview.
The appellate court’s fifth division, in a decision penned by Justice Noel Tijam and dated March 18, ordered the release of Villarosa and “Mamburao 6” farmers Ruben Balaguer, Gelito Bautista and Mario Tobias.
The other members of the fifth division are Martin Villarama and Sesinando Villon.
Prison authorities officially released Villarosa from custody Wednesday afternoon, said Supt. Ramon Reyes, the New Bilibid Prison (NBP) officer in charge.
Conviction of 3 others upheld
The appellate court upheld the conviction of three other farmers, including that of Eduardo Hermoso whose confession had implicated the ex-lawmaker in the planning of the killings.
Hermoso, Manolito Matricio and Josue Ungsod were sentenced to reclusion perpetua (up to 40 years) for each count of murder and ordered to pay damages to Paul and Michael Quintos’ heirs.
Because it was established that the three had conspired to shoot the brothers, each of them should suffer a “three-fold penalty of reclusion perpetua for each count of murder,” the appellate court added.
Sons of political rival
Paul and Michael were the sons of Villarosa’s political rival Ricardo Quintos, who were slain in an ambush inside a friend’s house in Mamburao town on Dec. 13, 1997. Michael was shot first by a group of gunmen, who followed him as he tried to escape from the house. Paul was later seen slain inside the same house.
Villarosa and a group of farmers known as the “Mamburao 6” were sentenced to death for the murders.
As for Ricardo Quintos’ plan to question the acquittal in the Supreme Court, its spokesperson Jose Midas Marquez said such a petition could be filed based on the possible grave abuse of discretion on the lower court’s part.
But Marquez said reversals of acquittals are not common.
Uncorroborated confession
The court said Hermoso’s extrajudicial confession was not corroborated by any other evidence, hence it could not be used to pin Villarosa down.
The appellate court added that even the political rivalry between Villarosa and Quintos was not enough proof of the former’s involvement in the crime. That Villarosa knew Matricio did not necessarily mean that the former lawmaker was involved in killing the brothers either.
Hermoso, in his confession, said that he was the gunman and that he was present in the Oct. 7, 1997 meeting where Villarosa discussed the killing of Michael. Hermoso later recanted the confession, however, and alleged that he was tortured by the National Bureau of Investigation to make the confession.
“The political dispute between Villarosa and Ricardo Quintos, or Villarosa’s association with Matricio, did not place Villarosa in the conspiratorial meetings or at the scene of the crime. Indeed, the prosecution presented no independent physical or testimonial evidence that could connect Villarosa to the crime or its preparatory stages,” the appellate court said.
Circumstantial
“In the end, the circumstantial evidence relied upon by the Trial Court consists merely of familiarity and motive; these are clearly insufficient to corroborate Hermoso’s confession as to prove Villarosa’s guilt to a moral certainty,” it added.
The appellate court also pointed out that Villarosa’s alibi that he was at the House of Representatives in Quezon City on the day of the alleged planning of the attack in Mindoro appeared to be credible.
It pointed out that the House’s journal showed that he was in Congress from 5:15 p.m. to 7 p.m. of that day and was defending a fisheries bill that he sponsored, thus corroborating his argument that he was far from the province during the alleged planning. The planning allegedly took place in the afternoon of that day.
The Quezon City RTC had ruled that there were other modes of transportation that Villarosa could use, such as a helicopter or a light plane, which was why he could have been in Mindoro in the afternoon and then flew to Quezon City later.
“The Trial Court’s opinion, however, overly stretches the realm of possibilities in the appreciation of Villarosa’s alibi ... Mindoro, by common standards, cannot be considered geographically proximate to Manila (or Quezon City where the Batasan is), and travel by helicopter or light plane remains an uncommon and infrequently utilized mode of transportation,” it said.
Money given to farmers
The checkbooks presented by the prosecution to show the alleged connection between Villarosa and Matricio and Hermoso were also inadequate proof of a conspiracy.
What these showed, said the appellate court, was that Villarosa gave money to the Kilusang Magbubukid ng Pilipinas (KMP) and the families of Matricio, Hermoso and Balaguer, “but they do not show that the payment was made in pursuance of the plan to kill the victims or in consideration of the killing.”
As for the three farmers also cleared of the murder charges, the appellate court said the only evidence presented against them was Hermoso’s uncorroborated extrajudicial confession.
The court said the constitutional presumption of innocence of Villarosa, Balaguer, Bautista and Tobias was not overturned by the prosecution.
“We commiserate with the bereaved families of the victims Michael and Paul Quintos, but as a court, we can only render judgment based on the evidence, and apply the law and jurisprudence,” the appellate court said.
Eyewitness accounts
In ruling to uphold the conviction of the three farmers, the appellate court gave greater weight to eyewitness accounts that placed them at the crime scene. It also said it was shown that the three men had conspired to kill the brothers.
It also said Hermoso’s confession was admissible because he failed to provide evidence that it was not voluntarily given.
The appellate court noted that Hermoso had many instances during which he could complain about allegedly being forced to own up to the crime.
The voluntariness of Hermoso’s confession was shown by the many details of how the crime was planned and executed, despite his claim that the NBI and another man had fed him the details, according to the appellate court.
Contrary to OSG comment
The court’s finding was contrary to the contention of the Office of the Solicitor General (OSG), which had told the court in a comment that the confession should not be admitted because it was made in the absence of Hermoso’s lawyer.
The OSG had also sought the acquittal of Villarosa, Bautista, Balaguer and Tobias and the conviction of the three others.
The appellate court said a videotape, plus pictures, also showed that Hermoso had confessed on his own volition, with the help of a lawyer and without any intimidation from NBI agents.
The death of another accused in the custody of the NBI did not prove torture or that Hermoso had been maltreated, it added.
The appellate court also said that even if Hermoso’s confession was admissible, this did not mean that it was completely credible.
Lookout
It said Hermoso claimed to be a lookout along with Tobias, while Matricio shot Michael, but eyewitness accounts showed that Hermoso was the one who shot Michael in Nicasio Tadeja’s house.
As for Matricio, the appellate court said there were also eyewitnesses who testified that he shot Michael and poked a gun at a woman who had tried to help the victim.
Ungsod’s conviction was also upheld because a witness saw him firing his gun upward outside Tadeja’s house during the killing.
Artist sketch
The appellate court junked Ungsod’s argument that the artist’s sketch presented in court looked too different from him. It said there were similarities in the shape of the face, prominence of cheekbones and size of the ears.
It also said the credibility of the eyewitnesses were untarnished, and added that it was immaterial that Tadeja used to work for the Quintoses at GCFI Farms.
As for Hermoso, Matricio and Tobias’ argument that the elder Quintos had wanted to implicate them in the murder to silence their fight for farmers’ rights, the appellate court said it was unnatural for a father who lost two sons to push for his political interests instead of punishing the true culprits behind the killings.
The appellate court also found no merit in the three men’s alibis that they were in another place during the time of the killing.
It said KMP chair Rafael Mariano, who testified that Matricio had asked his permission to work in a construction site in Batangas where the latter was supposedly working during the killings, had no personal knowledge of Matricio’s whereabouts that day.
Motive
As for the three men’s motive, the appellate court said there was animosity between the Quintos family and the farmers who claimed to be beneficiaries of GCFI Farms.
The elder Quintos had been accused of abuses, with farmers alleging that he refused them entry into the farms and had his security guards fire at them.
Hermoso’s confession also showed that the killing of the Quintos brothers was to vindicate the farmers’ rights and avenge the killing of Marcelo de la Cruz.
“Taking these circumstances together with other evidence pointing to the accused-appellant Hermoso, Matricio and Ungsod as the culprits, this Court is convinced that they had a sufficiently plausible motive to kill the victims who are sons of Ricardo Quintos,” the appellate court said.
NPA admission not enough
The communist New People’s Army’s alleged admission of the crime was also not enough to acquit the three men because the one who gave the statement, a Rizaldy Prado, was not presented in court. NPA spokesperson Ka Roger Rosal’s admission was also hearsay, it added.
CA rules gunman’s confession not enoughBy Leila SalaverriaPhilippine Daily InquirerFirst Posted 01:52:00 03/20/2008
MANILA, Philippines—Former Occidental Mindoro Rep. Jose Villarosa Wednesday walked out of the Makati Medical Center a free man. He had been staying in the hospital since December after reportedly undergoing lung surgery.
Saying the mere confession of the gunman implicating Villarosa as one of those who planned the killing of brothers Paul and Michael Quintos was not enough, the Court of Appeals overturned his and three others’ murder conviction handed down by the Quezon City Regional Trial Court in 2006.
Estelito Mendoza, Villarosa’s counsel, said the acquittal of the four men was immediately executory.
In acquitting Villarosa, the appellate court said circumstances failed to show “an unbroken chain which leads one to fairly and reasonably conclude that accused-appellant Villarosa planned or authored the crimes.”
“If a person is acquitted after trial, his presumption of innocence becomes conclusive because of the principle of double jeopardy ... Those who are acquitted are completely free,” Mendoza told the Philippine Daily Inquirer in a phone interview.
The appellate court’s fifth division, in a decision penned by Justice Noel Tijam and dated March 18, ordered the release of Villarosa and “Mamburao 6” farmers Ruben Balaguer, Gelito Bautista and Mario Tobias.
The other members of the fifth division are Martin Villarama and Sesinando Villon.
Prison authorities officially released Villarosa from custody Wednesday afternoon, said Supt. Ramon Reyes, the New Bilibid Prison (NBP) officer in charge.
Conviction of 3 others upheld
The appellate court upheld the conviction of three other farmers, including that of Eduardo Hermoso whose confession had implicated the ex-lawmaker in the planning of the killings.
Hermoso, Manolito Matricio and Josue Ungsod were sentenced to reclusion perpetua (up to 40 years) for each count of murder and ordered to pay damages to Paul and Michael Quintos’ heirs.
Because it was established that the three had conspired to shoot the brothers, each of them should suffer a “three-fold penalty of reclusion perpetua for each count of murder,” the appellate court added.
Sons of political rival
Paul and Michael were the sons of Villarosa’s political rival Ricardo Quintos, who were slain in an ambush inside a friend’s house in Mamburao town on Dec. 13, 1997. Michael was shot first by a group of gunmen, who followed him as he tried to escape from the house. Paul was later seen slain inside the same house.
Villarosa and a group of farmers known as the “Mamburao 6” were sentenced to death for the murders.
As for Ricardo Quintos’ plan to question the acquittal in the Supreme Court, its spokesperson Jose Midas Marquez said such a petition could be filed based on the possible grave abuse of discretion on the lower court’s part.
But Marquez said reversals of acquittals are not common.
Uncorroborated confession
The court said Hermoso’s extrajudicial confession was not corroborated by any other evidence, hence it could not be used to pin Villarosa down.
The appellate court added that even the political rivalry between Villarosa and Quintos was not enough proof of the former’s involvement in the crime. That Villarosa knew Matricio did not necessarily mean that the former lawmaker was involved in killing the brothers either.
Hermoso, in his confession, said that he was the gunman and that he was present in the Oct. 7, 1997 meeting where Villarosa discussed the killing of Michael. Hermoso later recanted the confession, however, and alleged that he was tortured by the National Bureau of Investigation to make the confession.
“The political dispute between Villarosa and Ricardo Quintos, or Villarosa’s association with Matricio, did not place Villarosa in the conspiratorial meetings or at the scene of the crime. Indeed, the prosecution presented no independent physical or testimonial evidence that could connect Villarosa to the crime or its preparatory stages,” the appellate court said.
Circumstantial
“In the end, the circumstantial evidence relied upon by the Trial Court consists merely of familiarity and motive; these are clearly insufficient to corroborate Hermoso’s confession as to prove Villarosa’s guilt to a moral certainty,” it added.
The appellate court also pointed out that Villarosa’s alibi that he was at the House of Representatives in Quezon City on the day of the alleged planning of the attack in Mindoro appeared to be credible.
It pointed out that the House’s journal showed that he was in Congress from 5:15 p.m. to 7 p.m. of that day and was defending a fisheries bill that he sponsored, thus corroborating his argument that he was far from the province during the alleged planning. The planning allegedly took place in the afternoon of that day.
The Quezon City RTC had ruled that there were other modes of transportation that Villarosa could use, such as a helicopter or a light plane, which was why he could have been in Mindoro in the afternoon and then flew to Quezon City later.
“The Trial Court’s opinion, however, overly stretches the realm of possibilities in the appreciation of Villarosa’s alibi ... Mindoro, by common standards, cannot be considered geographically proximate to Manila (or Quezon City where the Batasan is), and travel by helicopter or light plane remains an uncommon and infrequently utilized mode of transportation,” it said.
Money given to farmers
The checkbooks presented by the prosecution to show the alleged connection between Villarosa and Matricio and Hermoso were also inadequate proof of a conspiracy.
What these showed, said the appellate court, was that Villarosa gave money to the Kilusang Magbubukid ng Pilipinas (KMP) and the families of Matricio, Hermoso and Balaguer, “but they do not show that the payment was made in pursuance of the plan to kill the victims or in consideration of the killing.”
As for the three farmers also cleared of the murder charges, the appellate court said the only evidence presented against them was Hermoso’s uncorroborated extrajudicial confession.
The court said the constitutional presumption of innocence of Villarosa, Balaguer, Bautista and Tobias was not overturned by the prosecution.
“We commiserate with the bereaved families of the victims Michael and Paul Quintos, but as a court, we can only render judgment based on the evidence, and apply the law and jurisprudence,” the appellate court said.
Eyewitness accounts
In ruling to uphold the conviction of the three farmers, the appellate court gave greater weight to eyewitness accounts that placed them at the crime scene. It also said it was shown that the three men had conspired to kill the brothers.
It also said Hermoso’s confession was admissible because he failed to provide evidence that it was not voluntarily given.
The appellate court noted that Hermoso had many instances during which he could complain about allegedly being forced to own up to the crime.
The voluntariness of Hermoso’s confession was shown by the many details of how the crime was planned and executed, despite his claim that the NBI and another man had fed him the details, according to the appellate court.
Contrary to OSG comment
The court’s finding was contrary to the contention of the Office of the Solicitor General (OSG), which had told the court in a comment that the confession should not be admitted because it was made in the absence of Hermoso’s lawyer.
The OSG had also sought the acquittal of Villarosa, Bautista, Balaguer and Tobias and the conviction of the three others.
The appellate court said a videotape, plus pictures, also showed that Hermoso had confessed on his own volition, with the help of a lawyer and without any intimidation from NBI agents.
The death of another accused in the custody of the NBI did not prove torture or that Hermoso had been maltreated, it added.
The appellate court also said that even if Hermoso’s confession was admissible, this did not mean that it was completely credible.
Lookout
It said Hermoso claimed to be a lookout along with Tobias, while Matricio shot Michael, but eyewitness accounts showed that Hermoso was the one who shot Michael in Nicasio Tadeja’s house.
As for Matricio, the appellate court said there were also eyewitnesses who testified that he shot Michael and poked a gun at a woman who had tried to help the victim.
Ungsod’s conviction was also upheld because a witness saw him firing his gun upward outside Tadeja’s house during the killing.
Artist sketch
The appellate court junked Ungsod’s argument that the artist’s sketch presented in court looked too different from him. It said there were similarities in the shape of the face, prominence of cheekbones and size of the ears.
It also said the credibility of the eyewitnesses were untarnished, and added that it was immaterial that Tadeja used to work for the Quintoses at GCFI Farms.
As for Hermoso, Matricio and Tobias’ argument that the elder Quintos had wanted to implicate them in the murder to silence their fight for farmers’ rights, the appellate court said it was unnatural for a father who lost two sons to push for his political interests instead of punishing the true culprits behind the killings.
The appellate court also found no merit in the three men’s alibis that they were in another place during the time of the killing.
It said KMP chair Rafael Mariano, who testified that Matricio had asked his permission to work in a construction site in Batangas where the latter was supposedly working during the killings, had no personal knowledge of Matricio’s whereabouts that day.
Motive
As for the three men’s motive, the appellate court said there was animosity between the Quintos family and the farmers who claimed to be beneficiaries of GCFI Farms.
The elder Quintos had been accused of abuses, with farmers alleging that he refused them entry into the farms and had his security guards fire at them.
Hermoso’s confession also showed that the killing of the Quintos brothers was to vindicate the farmers’ rights and avenge the killing of Marcelo de la Cruz.
“Taking these circumstances together with other evidence pointing to the accused-appellant Hermoso, Matricio and Ungsod as the culprits, this Court is convinced that they had a sufficiently plausible motive to kill the victims who are sons of Ricardo Quintos,” the appellate court said.
NPA admission not enough
The communist New People’s Army’s alleged admission of the crime was also not enough to acquit the three men because the one who gave the statement, a Rizaldy Prado, was not presented in court. NPA spokesperson Ka Roger Rosal’s admission was also hearsay, it added.
Tuesday, March 18, 2008
I saw it coming...
(UPDATE) CA overturns Villarosa murder conviction
Lack of evidence citedBy Maila Ager, Tetch TorresINQUIRER.netFirst Posted 10:06:00 03/19/2008
MANILA, Philippines -- The Court of Appeals has overturned the ruling of a lower court that convicted a former congressman and six others of murder.
The 5th division of the appellate court said there was not enough evidence to convict Jose Villarosa, husband of Deputy Speaker Amelita Villarosa of the House of Representatives.
This was confirmed to INQUIRER.net Wednesday by Villarosa himself when sought for his comment at the Makati Medical Center (MMC) where he has been undergoing treatment for lung cancer.
“The decision came out at about 2:30 p.m. Tuesday. But we were advised by my lawyer at 5:00 p.m.,” Villarosa said.
Aside from him, Villarosa said also acquitted were Gelito Bautista, Mario Tobias, and Ruben Balader.
However, the court upheld the murder convictions of three others.
With the decision of the appellate court, Villarosa said he might be released in a few days.
Villarosa and his co-accused were convicted in 2006 for the murders in 1997 of Paul and Michael Quintos, sons of the lawmaker’s political rival, former Occidental Mindoro governor Ricardo Quintos, and were sentenced to death by Judge Teresa Yadao of the Quezon City regional trial court.
Villarosa appealed his conviction before the appellate court thereafter.
But Villarosa said his lawyers were now preparing a case against Yadao for alleged “abuse of the judiciary and ignorance of the law.”
“Pinag-aaralan ng mga lawyers ko kung ano ang isasampa naming kaso sa kanya [My lawyers are studying what case to file against her]. Maaaring kasuhan namin siya ng [We can file a case of] disbarment sa [before the] Supreme Court at [and] ignorance of the law,” he said.
“In effect, we are condemning her guilty verdict on us. Papatayin niya kami sa maling desisyon niya [She’s going to kill us with her wrong decision] that is totally biased and unjust?” he said.
During his stay at the National Bilibid Prison, the former representative of Occidental Mindoro was diagnosed with lung cancer and was allowed to leave jail for confinement at the MMC.
--------------------------
I saw it coming. And I suppose Quintos saw it coming, too.
For this, Amelita Villarosa literally licked the ass of her Madame President -- serving as great alalay, and even sold her personal integrity for (remember her "lie" to divert to herself the media attention in the light of the bagged-cash distributed to the governors in Malacanan?).
I saw it coming in a country where the judiciary is for sale and hence reproachable..
I saw it coming in a country where the right is make wrong and the wrong rendered right.. If one has money and "right" (read: dubious) connections...
What makes me fearful is what I am seeing to happen in Occidental Mindoro... Now that JTV is back..
Lack of evidence citedBy Maila Ager, Tetch TorresINQUIRER.netFirst Posted 10:06:00 03/19/2008
MANILA, Philippines -- The Court of Appeals has overturned the ruling of a lower court that convicted a former congressman and six others of murder.
The 5th division of the appellate court said there was not enough evidence to convict Jose Villarosa, husband of Deputy Speaker Amelita Villarosa of the House of Representatives.
This was confirmed to INQUIRER.net Wednesday by Villarosa himself when sought for his comment at the Makati Medical Center (MMC) where he has been undergoing treatment for lung cancer.
“The decision came out at about 2:30 p.m. Tuesday. But we were advised by my lawyer at 5:00 p.m.,” Villarosa said.
Aside from him, Villarosa said also acquitted were Gelito Bautista, Mario Tobias, and Ruben Balader.
However, the court upheld the murder convictions of three others.
With the decision of the appellate court, Villarosa said he might be released in a few days.
Villarosa and his co-accused were convicted in 2006 for the murders in 1997 of Paul and Michael Quintos, sons of the lawmaker’s political rival, former Occidental Mindoro governor Ricardo Quintos, and were sentenced to death by Judge Teresa Yadao of the Quezon City regional trial court.
Villarosa appealed his conviction before the appellate court thereafter.
But Villarosa said his lawyers were now preparing a case against Yadao for alleged “abuse of the judiciary and ignorance of the law.”
“Pinag-aaralan ng mga lawyers ko kung ano ang isasampa naming kaso sa kanya [My lawyers are studying what case to file against her]. Maaaring kasuhan namin siya ng [We can file a case of] disbarment sa [before the] Supreme Court at [and] ignorance of the law,” he said.
“In effect, we are condemning her guilty verdict on us. Papatayin niya kami sa maling desisyon niya [She’s going to kill us with her wrong decision] that is totally biased and unjust?” he said.
During his stay at the National Bilibid Prison, the former representative of Occidental Mindoro was diagnosed with lung cancer and was allowed to leave jail for confinement at the MMC.
--------------------------
I saw it coming. And I suppose Quintos saw it coming, too.
For this, Amelita Villarosa literally licked the ass of her Madame President -- serving as great alalay, and even sold her personal integrity for (remember her "lie" to divert to herself the media attention in the light of the bagged-cash distributed to the governors in Malacanan?).
I saw it coming in a country where the judiciary is for sale and hence reproachable..
I saw it coming in a country where the right is make wrong and the wrong rendered right.. If one has money and "right" (read: dubious) connections...
What makes me fearful is what I am seeing to happen in Occidental Mindoro... Now that JTV is back..
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