BY GEROME DALIPE IV
ILOILO City – A trial court judge has cleared the two security personnel of former city councilor Plaridel Nava of a murder case related to the death of the official’s cousin and her companion in 2019.
Judge Juana Judita Panigbatan-Nafarete, acting presiding judge of the Regional Trial Court Branch 36 in Iloilo City, acquitted Roy Delos Reyes and his brother, Rey Julius, of murder.
“Considering all the foregoing considerations, this court finds that there is reasonable doubt to the participation of both accused in the killing of Mercedes Nava and Erwin Fontanillas. Hence, they should be acquitted of the crimes charged,” read Nafarete’s 13-page joint decision.
Nava, the former city councilor, welcomed the decision. But he said the police officers who fabricated the cases against the de los Reyes brothers should be held liable for the five years that the latter have suffered behind bars.
“I am glad the court sided with our position that the arrest was unlawful from the beginning. This is a huge vindication for the brothers. I am happy that they are now free,” said Nava.
Mercedes, 65, was shot dead by two motorcycle-riding masked men in Barangay Calajunan in Mandurriao district on Jan. 4, 2019. Her companion, Fontanillas, was also killed during the shooting while the former was driving her pick-up truck.
The attack was likened to a style of assassination done to several drug personalities in 2019.
Police later charged the de los Reyes brothers with murder and illegal possession of firearms.
The prosecution presented the testimonies of the four witnesses, including the three police officers. The witness, who also rode with the victims’ vehicle, said Mercedes was maneuvering her truck from the junk shop in Barangay Calahunan, Mandurriao when a man approached the driver’s side of the pick-up and shot Mercedes.
The gunman, who wore the helmet during the shooting, also hit Fontanillas. The gunman then fled from the crime scene.
During the investigation, the witness identified from the police gallery Roy de los Reyes as the gunman while his brother, Rey Julius, drove the getaway motorcycle.
On Jan. 6, 2019, the police stormed Nava’s office at the City Hall and arrested the de los Reyes brothers on accusations that they conspired to kill the victims.
The defense presented its four witnesses, including Councilor Nava and the de los Reyes brothers. Nava said the accused could not commit the crime since they were with him as his security personnel.
Likewise, Nava said the witness’ descriptions of the gunman did not match the physical description of Roy de los Reyes.
For his part, Rey Julius testified that he was at the boarding house of his girlfriend in Barangay Bolilao, Mandurriao when the shooting occurred on Jan. 4, 2019. He said the allegations against them are “baseless and purely fabricated.”
Roy shared the same view with Rey Julius, saying he was in Barangay Timawa, Molo when the shooting happened.
In her joint decision, Judge Nafarete held the prosecution failed to prove that the de los Reyes brothers conspired to kill the victims.
“Withal, there is no need to elaborate further on the elements of the crime considering that the prosecution has not proven the identity of the assailant beyond reasonable doubt. Both accused were even arrested not in pursuance of hot pursuit,” said Nafarete.
The judge pointed out the police violated Sec. 2, Art. III of the Constitution for arresting delos Reyes brothers without an arrest warrant.
“The presumption of innocence in favor of an accused in a criminal case is a basic constitutional guarantee. It demands that the state must establish his guilt beyond reasonable doubt,” the judge ruled.
Nafarete also lectured the prosecution that it should rely on the strength of its evidence, and not on the weakness of the defense’s evidence.
“The defense of denial is an intrinsically weak defense, which must be buttressed by strong evidence of non-culpability to merit credibility. It is simply that the evidence presented by the prosecution falls short of the quantum of proof required to support a conviction,” read Nafarete’s decision./PN
