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Motion For Judicial Determination of Probable Cause RE Palayan Case PDF
Motion For Judicial Determination of Probable Cause RE Palayan Case PDF
pursuant to Article III, Section 2 of the 1987 Constitution and in support thereof
PREFATORY
1. The Supreme Court, in a recent case also involving herein accused has
discussed below.
5.1. Despite failure to comply with the requirement under Rule 112,
Section 3 (a) of the Revised Rules of Criminal Procedure that
“the affidavits of the complainants and his witnesses shall be
vs. Raul M. Gonzalez, et al.) and G.R. No. 175013 (Crispin Beltran vs. People, et al.)
promulgated on 1 June 2007.
2
Cruz vs. People, 237 SCRA 439, citing Cojuangco vs. PCGG, 190 SCRA 266
and as cited in page 48 of Alejandro Ramon C. Alano’s Handbook on Preliminary
Investigation and Inquest & Remedies
Motion for Judicial Determination of Probable Cause 3
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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This Honorable Court can take judicial notice of the fact that when
the herein complaining witnesses filed a petition to disqualify
accused-movants’ party-lists for last year’s electoral contest, the
same witnesses appeared before the COMELEC with their faces
covered with scarves. They refused to remove these scarves on
the shallow pretext of personal security, thereby rendering
questionable their real identities.
A big question remains: Was the panel able to confirm the identity
of the complaining witnesses?
3
See page 11 of the Joint Resolution dated 11 April 2008 a copy of which is
hereto attached as Annex “1.”
Motion for Judicial Determination of Probable Cause 7
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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5.5.4. The Joint Resolution, as written, does not only insult the
intelligence and logic of any average thinking person. It
clearly betrays the panel’s lack of impartiality and prior
Motion for Judicial Determination of Probable Cause 8
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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5.5.5. The Joint Resolution clearly shows that the panel did not at
all consider the evidence and defenses presented by
herein accused-movants. As such, the Joint Resolution is
a nullity.
5.6. Despite express manifestation, the panel did not give the
accused-movants the opportunity to avail of their right to file a
Motion for Reconsideration pursuant to and within the period
provided under Section 56 of the Manual for Prosecutors.
5.6.6. All these clearly show the prior intent to see to it that cases
be filed against accused-movants and warrants be issued
for their arrest.
6. All the foregoing show that accused-movants were denied their right to
due process and that the panel of public prosecutors that conducted the
“investigation” were biased against them.
7. The reason for the evident lack of impartiality of the panel of investigating
prosecutors is totally exposed when we learned from a very reliable
source that Assistant Provincial Prosecutor Antonio Ll. Lapus, Jr., who led
the panel, is reportedly an applicant for RTC judgeship in Nueva Ecija.
Hence, the inescapable conclusion that he may have succumbed to
political pressure.
4
Attached as Annex “2” is a photocopy of the news item: “GMA aide wants CPP
‘fronts’ out of polls – Party-list hopefuls aiding NPA, Gonzales charges”, Philippine Daily
Inquirer, April 5, 2004; “AFP wants militant groups out of politics”, The Daily Tribune,
January 17, 2007.
Motion for Judicial Determination of Probable Cause 10
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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10. At the outset, all these labeling is in itself an act of political persecution,
“leftists”.
11. This complaint on three counts of murder has been concocted by police
fabrication of evidence has been so crudely done that even on their faces,
the perjured statements have been exposed by the very weight of their
11.1. All the four affiants themselves are undoubtedly working as military/
police assets under the custody, direction and control of the AFP
was arrested in April 2003 by the Alpha Coy, 71st IB, Philippine
finally cut any ties with the NPAs in 1992, but claims to have
only for the sake of argument that the affiants’ statements are true,
the lengthy text seen in the “karton” allegedly found in the crime
11.3. All of these accounts are highly suspect and defies logic – it
thing -- verbatim -- what they read in a text that they came across
years ago.
11.4. The fact that Isabelita Bayudang testified that she saw
“Mabuhay ang NPA” written into the text of the carton allegedly
the NPA.
12. The filing of the instant cases, however, is not the only attempt by the
the state and its security forces against the progressive party-list
12.1. Since 2002, after BAYAN MUNA won the most number of votes
12.3. Then came the filing of these murder cases (including another
5
Attached as Annex “3” is a copy of E.O. 493 creating IALAG.
6
A copy of the Information in the rebellion case filed against accused-movants in
the Makati Regional Trial Court is hereto attached as Annex “4.”
7
A copy of the Supreme Court decision in the rebellion case dated 1 June 2007 is
hereto attached as Annex “5.”
8
A copy of the kidnapping with murder case filed against the same accused-
movants is hereto attached as Annex “6.”
Motion for Judicial Determination of Probable Cause 13
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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12.4. After the filing of these cases in Nueva Ecija, the same
Elections.
No. 07-015 and SPA 07-016, later redocketed as SPP No. 07-015
the respondents.
and their witnesses, who are also the same witnesses in these
set out in toto the verified complaint and/or petition filed therein by
and the verified complaint and/or petition seem culled from one and
9
Copies of the complaints for disqualification filed at the COMELEC are hereto
attached as Annexes “7” and “7-A.”
10
A copy of the COMELEC Resolution dismissing the complaints for
disqualification is hereto attached as Annex “7-B.”
Motion for Judicial Determination of Probable Cause 14
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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supplied.)
13. Indeed, if there is one thing that is clear in these charges, it is that the
are just one of the numerous trumped-up cases being hurled against them,
all highly politically motivated, and all being repugnant to the democratic
14. It is well that we be reminded of the Supreme Court ruling in Allado vs.
16. Aside from her categorical denial and the impossibility of her having
participated in the alleged killings, Accused-movant MAZA pointed out the
following inconsistencies in the testimonies of the Complainants and their
witnesses:
3) That the white car was going the same direction as the
motorcycle being driven by the victim.
4) That he could not remember the name of the other person who
was with him and Ka Mig inside the car.
In fact, the whole story of Julie Sinohin, e.i. the planning and mistaken
killing of Jimmy Peralta is a fabrication. This is proven by no less than the
evidences submitted by the complainants and/or included by the police, as
follows:
11
Paragraph 21, Sinumpaang Salaysay of Julie F. Sinohin dated November 22,
2006.
Motion for Judicial Determination of Probable Cause 16
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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From the above Spot Report, it is clear that Jimmy Peralta hit a
certain Marlon Banicod with his motorcycle which caused the
former to fall down on the road and he was then ran over by
speeding vehicle coming from the opposite direction and not
from the same direction as Julie Sinohin claimed.
It is worth noting that the said Special Report called the case a hit-and-
run case. It also mentioned that there was an eyewitness who
executed an affidavit and that a copy of which was attached to the
Special Report. Paragraphs 2 and 3 of the Report stated the following,
to wit:
“2. Initial investigation of this case reveals that the herein victim
was then on board his motorcycle when a pedestrian accidentally
bumped from behind, causing to lost control and subsequently hit
by a rushing vehicle from opposite direction upon falling down,
thereby said victim fatally hit on the spot.
17. But where is that affidavit which was supposedly attached to the above
Special Report and which affidavit can potentially totally discredit the
18. As per the same report, the case was considered an unsolved Traffic
Accident. Even the filled up Case Report Chart classified the case as one
19. After tailing the person for a few hours and after the alleged Intelligence
the alleged mistake in identity that resulted to the killing of the wrong
person?
and this, considering that the police were not unaware of their
active membership in and campaigning for AKBAYAN Party List.
As per the May 19, 2004 Progress Report, Carlito Bayudang’s
killing appears to be a land dispute-related killing on account of his
and his group’s (the Red Vigilante Group) involvement in the forced
take-over of the 150-hectare Vijandre land.
Angel Ayson who gave a sworn statement in June 7, 2004 stated that
he saw only two men; one who was already outside waiting for the
other who went out shortly, and that he saw them (the 2 men) board
the black motorcycle and drove towards the highway.
Angel Ayson who gave a sworn statement in June 7, 2004 stated that
he saw only two men and that he heard the man standing on a black
Motion for Judicial Determination of Probable Cause 19
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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4) Julie Sinohin and Isabelita Bayudang claimed that there were two
(2) people with whom the victim was talking to in the living room of
Bayudang’s house.
The May 19, 2004 Progress Report clearly stated that there was only
one (1) witness and named him as ERROL GERONIMO JR. but in
Isabelita Bayudang’s November 21, 2006 Sinumpaang Salaysay, she
stated that her late husband was talking to two (2) people and named
them as GERONIMO RAZON and ANTONIO COLLADO.
The same May 19, 2004 Progress Report stated that Isabelita
Bayudang was willing to give a sworn statement that will implicate
Domingo dela Cruz as the mastermind. Where is this Sworn
Statement? Certainly, it cannot be credibly said that Isabelita
Bayudang changed her mind into giving this sworn statement and
which she only decided to give more than two (2) years after the killing
when Julie Sinohin “miraculously” surfaced.
If Sinohin’s group was the one who prepared the placard that was
placed on Felipe’s dead body, how can he explain the discrepancy?
testimony as follows:
b. All three (3) witnesses could not mention any other matters
discussed during the meeting than our alleged order to liquidate
AKBAYAN supporters.
c. All three (3) remembered almost exactly the same people who
attended the said meetings, save for one or two, whose alleged
aliases they could only provide.
d. All three (3) are rebel returnees who have surrendered to and are
not unlikely to be under the custody or protection of the military.
Sinumpaang Salaysay that in the year 2004, she lied low and went
abroad and that when she came back she heard that our alleged
order was implemented prior to the elections.
22. How then could we have held a meeting in Joy’s house after the 2004
elections when Joy herself claimed that she lied low and went abroad in
2004?
24. Lastly, the complainants and their witnesses failed to attribute a credible
motive on all the accused’s alleged participation in the killings. And while it
some doubt on whether the crime was committed or whether the accused
has committed it13. In the instant cases, there is certainly more than just
Akbayan or the three alleged victims will have in a few barangays or towns
13
People vs. Galano, 327 SCRA 462.
Motion for Judicial Determination of Probable Cause 22
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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in Nueva Ecija will have no or very little effect on the electoral strength of
26. It is to be noted that all three victims were residents of the town of
Bongabon, Nueva Ecija. As per latest (January 25, 2007) COMELEC data,
Bongabon has 28 barangays with total registered voters of only Thirty Two
voters could not have any significant effect to the national or overall
PARTY.
27. While the widows of Carlito Bayudang and Danilo Felipe admitted that
they are supporters and/or leaders of AKBAYAN, such fact does not seem
to be the highlight of their personalities. All three (3) intended victims are
deadly conflict with another group led by one DOMINGO DELA CRUZ on
consider that Felipe and Bayudang were killed because of their connection
with the RVG, hence, one of the placards found on Felipe’s body read:
killed next. Jimmy Peralta, on the other hand, appears to have been a real
victim of a hit-and-run.
28. In fact, Ricardo Peralta (who was the alleged intended target when his
brother was allegedly killed) was the suspected leader of the RVG and
who prior to his arrest in October 2004 was considered as RP’s Public
Enemy No. 1 and commanded a bounty of P1.2M on his head. Upon his
Motion for Judicial Determination of Probable Cause 23
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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operating in Nueva Ecija. Certainly, then, even AKBAYAN would not have
Casiño or any Bayan Muna leader that ordered the killing of her
husband.
Peralta @ Joy. She claimed that she was the @ Joy whose house in
held at her house in August 2000 and that she served food during the
meeting; that there was another big meeting at her house in the last
Motion for Judicial Determination of Probable Cause 24
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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his co-accused-movants; that in 2004 she lied low in the Kilusan and
went abroad but later came back and that’s when she heard that the
therein, much less give orders to kill people whose deaths would not
have any interest to him. Affiant’s conclusion that the killings were
seriously.
movants had ordered the liquidation of the former kasamas who have
attending meetings therein, much less give orders to kill people whose
rebel returnee in April 2003, affiant is most likely under the custody of
he has never been in any of the meetings alleged by the witnesses for
in any part of the country. In the 2001 elections, Akbayan was never a
threat to Bayan Muna which garnered 1.7 million votes, the highest
Again, there was no such meeting on August 2000, much less an order
order to kill Akbayan supporters did not mention any specific name.
Thus, whatever plan Sinohin and his co-conspirators had cooked up,
including their alleged hit list, is purely their initiative and cannot be
any allegation that it was him who ordered the killing of Carlito
Bayudang.
party organized not by the CPP but by Filipino citizens who saw the
It is patently false and ridiculous for affiant to allege that her husband’s
elections, for Bayan Muna, Akbayan was never seen as a threat to it.
Mariano reveal that they are executed and sworn to by four affiants who
before their military/ police “handlers” and all are now undoubtedly working
as military/ police assets under the custody, direction and control of the
AFP and /or PNP. To mention again, Sinohin and C. Peralta surrendered
in 2006 and 2005, respectively, as per their affidavits, and Juliano claims
he was arrested in April 2003 by the Alpha Coy, 71st IB, Philippine Army.
Bayudang claims she and her deceased husband decided to finally cut
any ties with the NPAs in 1992, but claims to have decided to reunite with
30. These affidavits, aside from appearing contrived, biased and concocted,
or based on mere hearsay, and bereft of any logic. Indeed, these are
31. Assuming only for the sake of argument that Sinohin is not lying, it defies
logic and reason that Sinohin in his statement was able to recall as many
he could not even remember his one companion in the car they rode on
the night of the fateful incident, considering that there were only three of
For one, while Sinohin stated that their white car was going in the same
direction as the motorcycle being driven by the victim, the police’s Spot
hand accounts of witnesses show that Jimmy Peralta hit a certain Marlon
Banicod with his motorcycle which caused Jimmy Peralta to lose control
Motion for Judicial Determination of Probable Cause 29
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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and fall down, and while Jimmy lay fallen, a speeding vehicle coming from
35. This is inconsistent with the affidavit of one witness, Angel Ayson, who, in
his sworn statement revealed that he saw only two men board the black
motorcycle and sped away from Carlito’s house after the gunshots were
reveals that he used the code: “Ka RB”, “Ka Sam”, “Ka Ramil”, at “Ka
the name “Ka Ron”. The credibility of Sinohin’s statement is put into
one or two details, this is a tell-tale sign that the rest of his affidavit is
36. Sinohin’s statement (No. 19) in his Sinumpaang Salaysay that they
boarded the victim Danilo Felipe on the hand tractor and brought him to
Motion for Judicial Determination of Probable Cause 30
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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Salaysay of Danilo T. Centro wherein it was stated that the armed men,
after allegedly abducting Danilo Felipe, allowed the rest of them to leave
unharmed and he, Centro and his companions, did leave on board the
hand tractor.
37. Even Isabelita Bayudang’s affidavit on the alleged murder of Danilo Felipe
gives away a crucial yet telling inconsistency, a detail that shows the
motive why she filed this charges against people she imagines to be
Palomo. Assuming they were true, all of these accounts, except Isabelita
Bayudang’s, alleged that two cartons were found beside the body of
Danilo Felipe.
39. Likewise, assuming for the sake of argument that they are true, in all of
these accounts, nobody alleged that they saw “Mabuhay ang NPA” in the
alleges a different text, a text that is even incredibly stated in toto in the
Motion for Judicial Determination of Probable Cause 31
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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Palomo.
40. The fact that Isabelita Bayudang alone testified that she saw “Mabuhay
ang NPA” written into the text of the carton allegedly found in the crime
scene is also blatantly revealing: it shows her utmost bias against this
she imagines are members of the NPA. Her testimony, being manifestly
biased and malicious, aside from being false, does not deserve to be
41. All the allegations reeked of ill-motives against persons whom the four
Medelyn Felipe, and Mayumi Peralta did not mention Saturnino Ocampo’s
charged; nor did they mention any act committed by the four accused for
readily show signs that they were synchronized, coached, directed and
44. Sinohin and Juliano claim they were assigned as security officers at the
food to the participants, under which circumstances the trio explain how
they came to know of the contents of the long discussions. Thus, they
following:
and Juliano (No. 17). The only variance in the affidavit of Sinohin (No. 13),
from the other two are the word “sinuri” (ang magiging epekto) in lieu of
46.1. It is inherently incredible that all three affiants were present in the
room where the alleged meeting took place ALL throughout the
took place instead of outside the house to better secure the venue
46.3. It likewise strains credibility to take as factually correct that all the
47. By what authority could Ocampo, Maza, Casiño and Mariano have
alleged liquidation?
Motion for Judicial Determination of Probable Cause 34
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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48. How did the four issue the alleged order-all together, or one after the other
49. Who presided over the alleged meeting? Is there any proof that the four
50. Given the fact that the party-list election was held nationwide, why should
Ecija can “hinder” (“magiging sagabal”) the party's victory in the 2001
partylist election?
51. As earlier stated, the COMELEC records of the 2001 partylist election
show that BAYAN MUNA garnered One Million Seven Hundred Thousand
52. Surely, AKBAYAN was no threat to BAYAN MUNA's victory. Clearly, the
53. It bears repeating that all the four affiants claim to be former members of
the CPP/NPA/NDF and all are now police/ military assets under the
custody and control of the AFP and/or PNP. Sinohin and C. Peralta
Motion for Judicial Determination of Probable Cause 35
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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Juliano claims he was arrested in April 2003 by the Alpha Coy, 71st IB,
decided to finally cut any ties with the NPAs in 1992, but claims to have
decided to reunite with the government way back in 1987. Hence, their
biased and patently fabricated. Having themselves admitted that they left
but inevitable and almost natural to expect that their statements would be
full of biased and false allegations that reek of motives to demonize, vilify,
and demolish the reputation of the movement that they deserted, including
the reputation and the lives of the people whom they imagine to be
above-named persons. Julie Sinohin confesses that he was the one who
Maza and Teodoro Casiño attended a meeting of the leaders of the CPP-
during the said meeting, the said accused ordered the liquidation or
Akbayan and who would derail the victory of Bayan Muna. Further,
and Danilo Felipe which the herein accused allegedly issued. Thus,
“Intel Group” and “Liquidation Group” were formed on the same date to
implement the order that the herein accused have supposedly issued.
56. The testimony of this perjured witness Julie Sinohin is totally different from
57. The official reports proved otherwise. The official report dated September
18, 2004 of the Chief of Police of Bangabon, Nueva Ecija, to the PNP
“2. Initial investigation reveals that the herein victim was then
on board on his motorcycle when a pedestrian accidentally
bumped from behind causing to lost (sic) control and
subsequently hit by a rushing vehicle from opposite direction
upon falling down, thereby said victim was fatally hit on the
spot.”
58. Moreover, the Police Report dated December 24, 2004 signed by PC/Insp.
declared that while the victim, Jimmy Peralta was driving his motorcycle, it
hit a certain Marilou Basnicod. The report states that the death of Jimmy
investigation that the reason for the killing of her husband was connected
with the land dispute in their locality. In fact, during the investigation, she
also that the group of Carlito Bayudang (her husband) received death
threats from another group of farmers identified with the owner of the land,
the Vijandro family. Both Isabelita Bayudang and her deceased husband
were members of the dreaded Red Vigilante Group (RVG). Those who
were allegedly killed for being Akbayan supporters were actually members
of the Red Vigilante Group (RVG). Please refer to the PNP Provincial
Motion for Judicial Determination of Probable Cause 38
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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NEPPO report dated May 19, 2005, that P/CInsp. Whelmer Carillo signed,
60. In sum, the testimony of Sinohin is perjured and not worthy of trust. In
Peralta, Carlito Bayudang and Danilo Felipe. They merely state his
and the New Peoples’ Army (NPA). However, mere membership in the
said organization is not considered a crime after the repeal of the Anti-
Subversion Law. He does not admit, however, that he was ever a member
of the CPP-NPA.
62. According to Julie Sinohin, several months after the supposed meeting, he
representatives were the ones who allegedly gave the said order to @
Sendong. This only shows that Julie Sinohin based his conclusion that
63. This likewise shows that the witness has not personally and directly
said persons. If at all, the State should prosecute @ Sendong and Julie
64. Upon scrutiny, it is respectfully submitted, that the pieces of evidence that
the prosecution submitted conflict and contradict each other, and have not
their own weight as they have not shown that the herein accused were
ever aware of and consented to any criminal act or violation of the law.
65. The prosecution’s reliance on the perjured testimony of Julie Sinohin must
66. It is so perplexing that despite his admissions and confessions to the said
killings, the authorities just kept their eyes blind and never indicted Julie
the progressive party-lists of herein accused. This fact is very much clear
Motion for Judicial Determination of Probable Cause 40
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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The documents attached on record are nothing but hearsay, irrelevant and
inadmissible in evidence. They would not establish the complicity of the
accused party-list representatives to the death of the supposed victims.
67. Most, if not all, of the voluminous documents that the prosecution
68. Section 28, Rule 130 of the Rules of Court which enshrines in the
Philippine jurisdiction the doctrine of res inter alios acta alteri nocere debet
Court said:
14
215 SCRA 43 [1992].
Motion for Judicial Determination of Probable Cause 41
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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69. While the res inter alios acta rule admits of certain exceptions, one of
which is found in Section 30, Rule 130 of the Rules of Court on admission
Surigawan,16 the prosecution must meet the following criteria before the
exception under Section 30 can apply: (1) proof of the conspiracy through
evidence other than the admission itself; (2) the admission relates to the
common object; and (3) the admission was made while the declarant was
15
Supra.
16
228 SCRA 458, 464-465 [1993].
Motion for Judicial Determination of Probable Cause 42
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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“In the case at bar, the alleged conspiracy among the accused was
not priorly established by separate and independent evidence. Nor
was it shown that the extrajudicial confessions of the other accused
(Exhibits “B”, “F” and “J”) were made while they were engaged in
carrying out the conspiracy. In truth, the confessions were made
after the conspiracy has ended and after the consummation of the
crime. These confessions cannot be used against the accused-
appellant without doing violence against his constitutional right to
be confronted with the witnesses against him and to cross-examine
them.
are inadmissible in evidence under the doctrine of res inter alios acta alteri
April 2008 that the testimony of Julie Flores Sinohin is “an absolute
Motion for Judicial Determination of Probable Cause 43
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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17
necessity xxxx if we are to successfully prosecute these cases.”
through any other evidence other than Julie Flores Sinohin’s sole extra-
73. The provincial prosecutors wrongly construe that Section 30, Rule 130
not co-conspirators. In any case, whether they are conspirators or not, the
general prohibition itself provided in Section 28, Rule 130 applies squarely
74. Undoubtedly, the case for the prosecution rests solely on the testimonies
Peralta and Isabelita Bayudang. Without their testimonies, the case for
75. Contrary to the requirement that the prosecution must first prove the
accused-movants and Julie Flores Sinohin who claims that he is the actual
17
Please see the Resolution of the Office of the Provincial Prosecutor of Nueva
Ecija dated 11 April 2008 attached as Annex “1” herein at page 10.
Motion for Judicial Determination of Probable Cause 44
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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Isabelita Bayudang, the other affidavits and the entire records are utterly
79. In similar cases, the High Court reversed the conviction of an accused
18
Pecho v. People, 262 SCRA 518, 27 September 1996.
19
U.S. v. Figueras, 2 Phil 491.
20
People v. Chaw Yaw Shun, 23 SCRA 127, 144.
21
G.R. No. 111723, 27 January 1997.
22
140 SCRA 277 [1985].
Motion for Judicial Determination of Probable Cause 45
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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80. In the subsequent case of People vs. Pamon,23 the High Court
“We cannot sustain the trial court’s reasoning that if the confession
is not admissible against the accused, it will not also be admissible
against those who had been implicated therein. But, if it is
admissible against the former, then it will also be admissible
against the latter. This simply ignores the doctrine: RES INTER
ALIOS ACTA ALTERI NOCERI NON DEBET.”
81. It is also a matter of note that the four witnesses executed their
confessions and admissions only in 2006, or more than two to five years
after the crimes were committed and when they were no longer engaged
only now.
23
217 SCRA 501 [1993].
24
Supra.
Motion for Judicial Determination of Probable Cause 46
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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pursuant to the doctrine of res inter alios acta alteri nocere non debet as
set forth in Section 28, Rule 130 of the Rules of Court on the Rules on the
Admissibility of Evidence.
83. The Supreme Court in People vs. Hernandez,25 had occasion to define
XXXX
25
99 Phil. 515, 18 July 1956.
Motion for Judicial Determination of Probable Cause 47
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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XXXX
this manner: (1) one may not complex the crime of Rebellion with
common crimes, and (2) one may not treat and prosecute as common
26
Supra.
27
100 Phil. 90.
Motion for Judicial Determination of Probable Cause 48
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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the said acts constitute not two or more offenses, but one crime, that of
86. More than thirty years (30) later, the High Court reaffirmed this doctrine in
87. The decisive factual issue that can determine if the political offense
Enrile vs. Amin,31 will apply to this case is whether political motivations
attended the alleged killing of Carlito Bayudang and Jimmy Peralta. The
proof that the alleged offenses of the accused are politically motivated.32
88. Based on the records that the Office of the Provincial Prosecutor of Nueva
28
186 SCRA 217, 5 June 1990.
29
Supra.
30
Supra.
31
189 SCRA 573, 13 September 1990.
32
Please see the Joint Resolution dated 11 April 2008 of the Office of the
Provincial Prosecutor of Nueva Ecija through Assistant Provincial Prosecutors Antonio
Lapus, Jr., Edison Rafanan and Eddie Gutierrez that Provincial Prosecutor Floro
Florendo approved attached herewith as Annex “1.”
Motion for Judicial Determination of Probable Cause 49
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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89. The Office of the Provincial Prosecutor of Nueva Ecija, in fact, proceeds
Satur Ocampo, Liza Maza, Teodoro Casiño and Rafael Mariano are mere
90. It further states that the Central Luzon Regional and Nueva Ecija
a certain Mr. Julie Flores Sinohin to kill Ricardo Peralta and Carlito
Bayudang.
91. The alleged victims were either military spies, members of the dreaded
is the purported rival and thorn in the side of BAYAN MUNA, GABRIELA
and ANAKPAWIS.
92. The Office of the Provincial Prosecutor of Nueva Ecija states that the
entire hierarchy of the Central Luzon Regional and Nueva Ecija Provincial
93. Clearly, therefore, the prosecution itself pegs the motive for the separate
rebellion. The men killed were certainly not portrayed as eliminated out of
revolutionary ends.
94. In fact, the indictment of the so-called officers of the Central Luzon
Criminal Case No. 06-944 of the Makati Regional Trial Court, the said
case for rebellion against Saturnino Ocampo, Teodoro Casiño, Liza Maza,
Rafael Mariano, among others accused therein, would clearly show that
the broad allegations therein encompass all the supposed criminal acts
and activities of the CPP/NPA/NDFP from the time of their founding thirty-
96. Although the “multiple” murders in Nueva Ecija were not explicitly
mentioned in the information for rebellion in Criminal Case No. 06-944, the
following matters would show that the purported killings that are the
subject matters of the instant criminal cases are included in the indictment
97. The period and places mentioned in the Information, in relation to the
years ago up to the filing of the rebellion case with the Makati Regional
Trial Court. These illegal acts were allegedly committed in the entire
33
Please see the Information appended to the record of the Criminal Case No. 06-
944 filed at the Makati Regional Trial Court attached herewith as Annex “4.”
Motion for Judicial Determination of Probable Cause 52
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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furtherance thereof.”
CPP/NPA/NDF.”
government.”
102. The only possible conclusion then is that it is but proper to deem the
No. 06-944 filed before the Makati Regional Trial Court, following the
political offense doctrine of absorption since the crimes the accused party-
revolutionary ends. Considering that the rebellion case has been ordered
34
Please see the Supreme Court decision in G.R Nos. 172070-72, 172074-76 &
175013 promulgated on 1 June 2007, a copy of which is hereto attached as Annex “5.”
Motion for Judicial Determination of Probable Cause 53
(People vs. Satur Ocampo, et al.) Crim. Case Nos. 1879-P & 1880-P
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PRAYER
CASIÑO, LIZA L. MAZA and RAFAEL V. MARIANO pray for the outright
Other forms of relief that are just and equitable under the premises are