A judge dismissed a murder case filed against 14 persons, including current and former Moises Padilla town officials and a previous mayor of Isabela town in Negros Occidental, on Friday, Feb. 28.
Guihulngan City Regional Trial Court Acting Presiding Judge Ma. Anna Priscila M. Pareja dismissed the murder raps lodged against the 14 for the death of Moises Padilla councilor Jolomar Hilario because of lack of interest by the complainant to pursue the case.
Hilario was killed by armed men in his residence at Barangay Inolingan, Moises Padilla, in March 2019. The New People’s Army’s Leonardo Panaligan Command had claimed responsibility for the killing Hilario, claiming he was a military asset.
“In line with the Constitutional guarantee of an accused’s right to a speedy trial and to prevent any further delays in the administration of justice, the motion to dismiss by the defense is hereby granted. Accordingly, the instant case is hereby dismissed,” Pareja said in her two-page order.
Pareja said the defense had constantly moved for the dismissal of the case due to the private complainant and the private prosecutor’s apparent lack of interest in pursuing the case.
The private complainant was Leo Francis Hilario, the victim’s son.
The public prosecutor on February 27 manifested that the private complainant and his mother questioned their need to attend the February 28 hearing since they had already decided to withdraw the case.
Pareja ordered the dismissal of the murder case against former Isabela mayor Joselito Malabor, incumbent Moises Padilla Vice Mayor Adrian Villaflor, incumbent Councilor Vincent Bryan Garcia, former councilors Jimmie Don Plaza and Morito Flores, former barangay captain Jonathan Villaflor and Feliza Villaflor, lawyer Jose Max Ortiz said.
Also cleared were Roel Sarillo, Jason Abria, Raymond Gabitanan, Richard Sarillo, Armando Cordero, Amy Locsin, and Joemer Pablo, he added.
The judge directed the Bureau of Jail Management and Penology Negros Occidental District Jail, Bago City to release all the remaining accused detainees under their custody. Some had earlier posted bail.
She also directed the private prosecutors and the private complainant to reimburse the expenses of accused and/or their counsels, “otherwise they will be cited in contempt for disregarding this court’s order.”
Incumbent Moises Padilla Mayor Ella Garcia Yulo and her husband were also implicated in the murder complaint but were not included by the prosecutor in the case filed in court as they were in jail for another case at the time the crime was committed.
Yulo and her husband, Pimpoy Yulo were arrested at a checkpoint while exiting Moises Padilla and were charged with alleged illegal possession of explosives and illegal drugs in 2017. The cases which Yulo said were trumped up were dismissed by the court.
Malabor who is running for councilor in Isabela town thanked his lawyers Jose Max Ortiz and Nora Abaygar for the dismissal of the case after almost five years.
“This case was nothing but pure political harassment orchestrated by our political rivals. Because of this, I am determined to run for SB Member to fight against the dirty tactics of the other political group,” he said.
“I thank the Almighty God for clearing our name and giving us the opportunity to continue serving the people,” he said.*