ILOILO City – The State Prosecutor dismissed the robbery with homicide charge filed against several police officers over the killing of businessman Delfin Britanico, son of former congressman Salvador “Buddy” Britanico, in January 2020.
The respondents were Police Staff Sergeant Ricardo Morante, Police Master Sergeant Vernie Escorial, Police Corporal Joseph Andrew Joven, Police Staff Sergeant Michael De Felipe, Police Staff Sergeant Freddie Libo-on, and then Iloilo City Police Office director Police Colonel Martin Defensor.
The older Britanico filed the charges against four police personnel. But prior to that, there was already a complaint for murder and theft, still related to the killing of Delfin, before the Department of Justice (DOJ). This was also filed by Britanico together with the National Bureau of Investigation and Katarina L. Britanico against separate suspects namely Police Corporal Jerry Carmelotes Villanueva, Joseph Andrew Poneles Joven and two John Does.
The resolution on the first case found probable cause for murder against the respondents but dismissed the case for theft.
Meanwhile, a resolution dated Jan. 19, 2022 penned by Assistant State Prosecutor Jayvee Laurence Bandong with recommending approval by Senior Deputy State Prosecutor Richard Anthony D. Fadullona and approved by Prosecutor General Benedicto A. Malcontento noted that Villanueva’s name and his alleged participation did not appear in the instant complaint unlike in the previous complaint, which explicitly declared him participating in the killing of Delfin.
As such, the DOJ said it creates uncertainty as to the exact participation of Villanueva. In turn, it also casts doubt as to the veracity of the statements made in the complaint.
Further, it added that the filing of both cases creates doubt as to the theory of the complainant.
“The previous case was filed for Murder and Theft with the theory that the intent of the respondents therein was to kill Del. On the other hand, the instant case for Robbery with Homicide manifests that the primary objective of the respondents was to rob Del with intent to gain and the killing of Del was only consequential to the robbery initially effected by the respondents. Thus, the two cases filed have contradictory theories which simply cannot coexist in a single narration of facts. Considering that the previous case for Murder was already filed, the subsequent filing of the instant case tarnished, if not totally ruined, the former,” the DOJ pointed out.
With this, the State Prosecutor resolved that the instant case for Robbery with Homicide be dismissed.
It added that the respondents also correctly pointed out in their respective counter-affidavits that their liabilities only hinge on the Sinumpaang Salaysay executed by respondent Joven.
Joven who was identified by the NBI as the driver of the Mitsubishi Adventure used in the killing of the young Britanico pointed to colleagues Morante and Escorial as the ones who shot Delfin dead on Jan. 19, 2020.
Joven tagged his fellow policemen in a sworn statement attached to his application to be a state witness filed with the Office of the Prosecutor General in the DOJ in Ermita, Manila on Dec. 15, 2020.
Joven also named two more policemen whom he said were also in the Mitsubishi Adventure he was driving –de Felipe and Libo-on.
Defensor was also eventually included.
The DOJ also resolved that the statement of Rey Anthony Garbino, owner of the rented car (a Mitsubishi Adventure) used as getaway vehicle in killing of Alain S. Muller and Delfin, should not be given any probative value, aside from the fact that Joven told him the information contained therein.
In his affidavit, Garbino claimed that Joven confessed to him about them killing Muller and Delfin.
“It may be argue that ‘probable cause can be established with hearsay evidence, as long as there is substantial basis for crediting the hearsay.’ Such pronouncement of the Supreme Court finds no applicability in the instant case. In the first place, the regularity of the taking of the statements of respondent Joven is already questionable. Further, to reiterate, the Sinumpaang Salaysay of respondent Joven appears to be irregular on its face. The fact remains that it was unsigned. Thus, it significantly affects the reliability and/or crediting the hearsay statements made to Garbino,” the DOJ decision further read./PN
