DOJ clears Espino, Celeste

By July 13, 2015Headlines, News

2012 INFANTA MAYOR SLAY CASE

LINGAYEN–The Department of Justice (DOJ) finally cleared Gov. Amado Espino Jr.  and First District Rep. Jesus Celeste of charges that they allegedly masterminded the slaying of Infanta Mayor Ruperto Martinez on December 15, 2012 in Barangay Cato, Infanta.

The two and another respondent Jaime Aquino were cleared more than two years after the case was submitted for resolution before the DOJ by the National Bureau of Investigation (NBI) in April 2013.

The case was filed based on the affidavit obtained from a teenager, Jestin Aquino, who swore he overheard Espino, Celeste and his father Jaime Aquino allegedly discussing a plot to kill the Infanta mayor at El Pescador Beach Resort in Bolinao.

CARTOONnews 150712The DOJ Prosecution Panel composed of Assistant State Prosecutors Olivia L. Torrevillas, Rassendell Rex Gingoyon, and Aristotle M. Reyes, in its resolution dated June 1, 2015, dismissed the complaint for lack of probable cause, and for being “politically-motivated and highly unbelievable bunch of lies”.
The Panel noted that, since the NBI filed the instant case solely on the basis of Jestin’s testimony, “the rise and fall of the complaint depended entirely on the strength of Jestin’s statement, particularly his January 8, 2013 “Sinumpaang Salaysay (Sworn Statement), a statement he eventually recanted in November 27, 2013.

Among the findings established by the panel were:

  1. Jestin’s initial statement “to be inherently incredible… that the Salaysay is contrived and should not be accorded weight and credence…” as it is “… highly unbelievable….”
  2. “Jestin’s alleged presence while the plan to murder Martinez was being hatched, is fantastic and inconsistent with human experience, as only the dumb would conspire to commit a crime in the presence of a person not privy to the plan, more so of a 16-year minor like Jestin.”
    The facts presented went too far “in taxing its credulity,” including Jestin’s detailed narration of other criminal incidents that allegedly happened when he was only about eight years old.

“Even the heirs of the late Mayor Martinez do not believe the story of Jestin” going to the extent of clearing Governor Espino and Congressman Celeste for the death of Mayor Martinez,” the resolution read.

  1. The “political motive” behind the filing of the complaint, was evident based on following facts and circumstances: a) the “…case was filed at the DOJ on February 12, 2013, or at the time when the 2013 Election was nearing;” b) “…Mayor Braganza is the political opponent of respondent Gov. Espino for the gubernatorial race in Pangasinan;” c) “Manuel Tolentino who brought Jestin to Akap sa Bata, is the mayoral candidate of Alcala, Pangasinan, and the political partymate of Mayor Braganza;” D) “Akap sa Bata, which took custody of  Jestin, has a sister company called Akap Bata, which is a party list group vying for a congressional seat affiliated with Mayor Braganza.”

The panel also doubted the manner by which the statement of Jestin was obtained and executed, as Jestin later pointed out when he recanted his January 8, 2013 statement.

Jestin stated that the previous statement against Gov. Espino, Rep. Celeste, and his father Jaime, was actually crafted in his presence by a “certain Atty. Pulido, who coerced Jestin to sign the same without reading it, under threat of being killed.”

The Panel also questioned the “selective filing by the NBI of a criminal charge against respondents Gov. Espino and Rep. Celeste only when Jestin categorically mentioned Gov. Ebdane of Zambales as one of those who allegedly hatched the murder plot… yet Gov. Ebdane was never included in the charge sheet.”

The same was true for the other suspects identified by Jestin in his statement for the murder of Kagawad Jovencia Gazmin of Alcala, Councilor Nato Sabangan of Bayambang, and the rape case of Tolentino involving victim Dianne Callanta.

The panel said “…for unknown reasons, these cases were neither investigated by the NBI nor were there any complaints filed against the possible suspects…. Obviously, the NBI singled out respondents Gov. Espino and Rep. Celeste, both political stalwarts of Pangasinan, for possible prosecution… which cannot be tolerated by the Panel for it is tantamount to a denial of respondents’ right to equal protection of the laws… intended to secure every person… against intentional and arbitrary discriminations… through the state’s duly constituted authorities.”

In dismissing the criminal complaint, the panel underscored the “political motives” and described the complaint as “perjured and deliberately resorted to by some political rivals… the reason why said statement appears incredible and not worthy of credence.” (Leonardo Micua/ Johanne Macob)

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