2 NDF consultants, 3 others acquitted in kidnap with murder case

A Taguig court has acquitted National Democratic Front of the Philippines (NDFP) consultants Tirso Alcantara and Renante Gamara of kidnapping with murder charges over the death of a soldier and another individual in 2007.

In a 30-page decision dated August 14, the Taguig City Regional Trial Court (RTC) Branch 266 also acquitted Diony Borre, Dionisio Almonte, and Raul Razo for failure of the prosecution to prove their guilt beyond reasonable doubt.

“For failure of the prosecution to prove the identities and participation of accused Alcantara, Almonte, Borre, Gamara, and Razo in the kidnapping and killing of Eclavea and Cortizano, this Court finds that discussing the elements of the crime of murder is already futile,” it said.

This stemmed from the killing and kidnapping of Ereberto Eclavea, a member of the Philippine Army, and Richard Cortizano.

According to the court, the killing of Eclavea and Cortizano was established through the testimony of a witness. The witness said that the New People's Army held a trial for the two, and that he knew about this and the persons involved because he was informed by two individuals.

The witness declared that Almonte and Borre were leaders of the NPA group and the reason why the two victims were killed.

However, the court said that the witness’s statements were only hearsay and not based on his personal knowledge.

The tribunal said that the prosecution failed to establish the identities and participation of Alcantara, Gamara, and Razo. 

It said that the witness was never recalled by the prosecution to establish the involvement of the accused and their identities.

This was welcomed by rights group Karapatan, saying that the inclusion of their names in the warrants of arrest was spurious.

“Public prosecutors have this insidious practice of amending arrest orders by adding the names of targeted personalities, claiming without basis that the aliases on the warrant belong to them,” Karapatan secretary general Cristina Palabay said.

“The trumped-up charges were also based on the perjured testimonies of a so-called rebel surrenderee named Erwin Rosales, whose claims were considered hearsay by the court, and the failed attempt of the prosecutors to establish their participation in the alleged crime,“ she added. –NB, GMA Integrated News