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30 yrs. after slays, ex-AFP officer cleared in Olalia-Alay-ay murder case


Three decades after the 1986  double killing of labor leader Rolando Olalia and his aide, Leonor Alay-ay, a Rizal Regional Trial Court has acquitted principal suspect, retired Air Force Lt. Col. Eduardo "Red" Kapunan Jr.

In an eight-page decisiom, Branch 97 Judge Marie Claire Victoria Mabutas-Sordan of the Antipolo RTC Branch 97 granted the demurrer to evidence filed by Kapunan, which in effect dismisses the case on the grounds of insufficiency of the prosecution's evidence.

Despite his acquittal, Kapunan's three subordinates and co-accused – Sgts. Desiderio Perez, Dennis Jabatan, and Fernando Casanovas – will remain behind bars.

In October 2013, Judge Ma. Consejo Gengos-Ignalaga of Branch 98, who originally handled the case, granted bail to Kapunan due to the supposed weakness of the prosecution's evidence.

In her own order, Judge Sordan noted that since then, "no additional evidence was presented by the Prosecution which might have tilted the balance in its favor."

"No additional evidence was presented by the prosecution which might have tilted the balance in its favor, or which could have weighed heavily against accused Kapunan," read the decision.

"It only stands to reason, that just as before, the court finds the evidence against accused Kapunan not strong enough. Certainly not strong enough for the court to declare that the prosecution's evidence has proved the guilt of accused Kapunan beyond reasonable doubt," it added.

The court said mere speculations and probabilities cannot substitute for proof required to establish the guilt of an accused beyond reasonable doubt.

The case against Kapunan was anchored on the testimony of TSgt. Medardo D. Barretto, who said he was instructed to aid the operation and change the color of the vehicle after the abduction and killing took place.

However, the court quoted the earlier bail decision, which had found that Kapunan's alleged participation in the conspiracy was not clearly established.

'Distressing, frustrating'

Edre Olalia, cousin of the slain labor leader and secretary general of the National Union of Peoples' Lawyers, branded the acquittal as "distressing and frustrating."

"The message is clear: lowly soldiers should not follow illegal orders to from superiors because they will walk free and  you take the fall," he said.

Following the decision, the NUPL earlier in the day held a candle lighting memorial and indignation on the now Olalia Road, where Olalia and Alay-ay were killed and later found.

The two victims were abducted and allegedly tortured then killed allegedly by government soldiers on Nov. 12, 1986.

In March 1989, the Department of Justice recommended the filing of muder charges against Kapunan, ex-Air Force Lt. Col. Oscar Legaspi, Ricardo Dicon, Cirilio Almario, Filomeno Crizaldo Maligaya, Edger Sumido, Jose Bacera Jr., Dennis Jabatan, Freddie Sumagaysay, Fernando Casanova, Gene Paris, Gilberto Galicia, and Desiderio Perez.

However, the murder case being heard by a regional trial court in Antipolo, Rizal was stalled after Kapunan and Legaspi appealed the DOJ recommendation all the way to the Supreme Court.

Both Kapunan and Legaspi were ranking members of the Reform the Armed Forces [later renamed Rebolusyonaryong Alyansang Makabansa] which went against the Marcos and Cory Aquino administrations. Both are also Philippine Military Academy graduates of Class 1971.   

The two insisted that they could no longer be held criminally liable for Olalia and Alay-ay's death because of an amnesty granted to them by President Fidel Ramos on March 23, 1995 through Proclamation No. 347.

The high court, however, denied their request and said there was prima facie evidence to prosecute the two. The SC noted that though they have been given amnesty for rebellion/coup d'etat, the grant of which was still subject to specified limitations

Kapunan surrendered to authorities on Oct. 6, 2012 or 26 years after the crime. He was taken into the custody of the Philippine Army. He was the second accused in the case to turn himself in, next only to Perez, who surfaced on July 24, 2012. — RSJ, GMA News

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