ILOILO City – The Iloilo Provincial Prosecutor’s Office dismissed the three counts of murder charges filed against 11 respondents in the death of three young businessmen in Estancia, Iloilo.
There was insufficient evidence or lack of direct evidence, pointed out the 11-page Dec. 10, 2022 joint resolution signed by Assistant Provincial Prosecutor Ronilo Pamonag and approved by Iloilo Provincial Prosecutor Ma. Elena Hofileña Gerochi.
Accused of three counts of murder were lone survivor Jevron Parohinog, his brother Jix Parohinog, Michael Porras, Michael Quiachon, Benzen Llamado, and six “John Does”. They were charged for the death of Jan Paul Mark Bosque of Sara town, Chrysler Floyd Fernandes of Barotac Nuevo town and Mark Libao of Iloilo City, all friends of Jevron, on Sept. 14, 2022 in Barangay Villa Pani-an, Estancia.
The Iloilo Police Provincial Office’s (IPPO) Task Force PALIBOSTER filed the complaint on Nov. 18.
In his affidavit, IPPO witness Reynante Santiago claimed that on Sept. 14 this year at around 12:37 a.m., he was driving his tricycle on his way home from work as a security guard when he saw a white vehicle tilting on the right side of the road.
Santiago said he thought there was a vehicular accident and when he shone his flashlight at the direction of the vehicle, he saw a person lying outside, about three meters away on its right. He then called the Estancia Bureau of Fire Protection (BFP) to report a vehicular accident.
Santiago further said he saw two persons, both down on the ground, one hugging the other. He then asked the one hugging, “Sir, ano natabo sa inyo? May tubig ina dira, basi malumos kamo [sic).” At that point, he said, one of the two who would later be identified as Jevron stood up, walked to the vehicle and placed something in the front portion.
Santiago said he told Jevron to assist his companion, who would later be identified as Fernandes. He said he asked Jevron what happened to his companion and was told, “May nag-strafing sa amon.”
Another IPPO witness, Rene Barbacion, a kagawad of Barangay Villa Pani-an, claimed he was inside his house a few meters away from the vehicle and he heard four bursts of gunfire. He said he went out of their house and checked what was happening.
Barbacion said he cautiously walked towards the road and he saw Santiago and advised the latter against proceeding any further because he heard gunshots. Santiago walked back.
Using his flashlight, Barbacion said he saw a male individual struggling to get to the road from the rice paddies as he kept on sliding; his man would later be identified as Jevron.
Barbacion said he also saw another male individual walking to and fro, and then the Estancia responders arrived.
FORENSIC EVIDENCE
Based on their respective medico-legal certificates, the victims’ causes of death are as follows:
1. Libao – multiple gunshot wounds on the head and extremity
2. Fernandes – multiple gunshot wounds on the trunk and extremity
3. Bosque – multiple gunshot wounds on the head and trunk
Furthermore, based on Chemistry Reports No. C-049-22-RFU6 and C-050 to 052-22-RFU6, the paraffin casts from both hands of respondent Jevron and the victims tested negative for the presence of gunpowder nitrates.
Per Firearms Identification Section Report No. FAIS-066-2022-A-RFU6, examination shows that the six cartridge cases recovered from the crime scene were fired from one and the same .45 caliber firearm.
FINDINGS AND DISCUSSIONS
“The undersigned finds no meritorious ground to give due course to the above-docketed complaints and conduct preliminary investigation. Under the Revised Penal Code of Criminal Procedure, the investigating prosecutor may dismiss the complaint if there is no ground to conduct preliminary investigation.”
The prosecutor explained why the witnesses and complainants have insufficient evidence:
“It is plain to see that complainants failed to present an eyewitness or any other evidence linking respondents to the killings in a clear and unequivocal manner. While the complainants submitted the sworn statements of Jevron Parohinog who was with the victims at the time of incident and was the sole survivor, these are inadmissible as evidence against the affiant of his co-respondents as the written statements sorely fail to comply with the requirements of a valid extrajudicial confession.
“Except, for the cautionary statement informing respondent, Jevron Parohinog, that he may be sued for perjury for any willful and deliberate falsehood, there is no showing that affiant was informed that any statement he may make shall be used against him.”
The prosecutor further stated, “We do note, however, that what complainants lack in direct evidence, they make up for it by adducing more than sufficient evidence of motive on the part of Jevron and his brother Jix. More than half the number of complainants’ witnesses who executed sworn statements testified not on the incident itself, but on the business relationship between and transactions involving Jan Paul and Floyd, on the one hand, and Jevron and his group on the other hand, including the loans obtained by the latter from the former. Complainants presented pieces of documentary and electronic evidence which purport to show that Jevron owes substantial amount of money to victims Jan Paul, Floyd, and several others.”
Police Colonel Noel Aliño, IPPO director, refused to comment on the dismissal of the case.
“Hindi po ako makapagbigay ng reaction kasi hindi ko pa natanggap ang resolution,” Aliño told Panay News yesterday./PN