BAGUIO CITY -- A purported ruling by the Department of Justice dismissing a petition for review that sought to reverse a provincial prosecutor’s ruling in dismissing a murder case against Baguio-based architect Joseph Marrero in the murder of St. Louis University Jude Wal 11 on Jan. 25, 2008 was a fake.
The DOJ “ruling,” as published in a local weekly paper newspaper, as culled from an alleged email purportedly from Marrero to different media outfits in Baguio was “promulgated” Jan. 26, 2010.
Jude Wal, the father of the slain student showed a copy of the “fake DOJ ruling” which showed it was “signed” by Jovencito R. Zunio as Chief State Prosecutor “for the Secretary of Justice.”
It was “noted” by Fidel Exconde Jr, as “undersecretary.” Wal said the family name of the chief state prosecutor who retired Feb. 8 was Zuno, not Zunio as written in the purported DOJ order.
Wal added Exconde meanwhile retired even before former Justice Secretary Raul Gonzales was relocated to another office last year. “How could Exconde or Zunio have signed the DOJ order? Wal asked, adding a legal officer would not affix his signature if his name was misspelled.
The “ruling,” as printed in the local paper quoted the alleged DOJ order as saying “We carefully examined for the record and found no error that would justify a reversal of the resolution.
The article said “Ilocos Sur provincial prosecutor Jessica Viloria, in behalf of the city prosecutor earlier dismissed the murder case against Marrero for lack of evidence. But the prosecutor found probable cause for murder against two others accused in the same case, Ernesto Genetiano and Rolando Tomon. In dismissing the case, Viloria made it clear that the extrajudicial confessions of Genetiano and Tomon in naming Marrero as “the brain, author and mastermind of the killing of Jude Wal 11 were not backed by evidence.”
The case against the three was earlier filed at the City Prosecutor’s Office of Baguio City by the elder Wal, an employee of the Department of Agrarian Reform and his wife Susan in behalf of their murdered son.
Wal, the father showed newsmen Friday the genuine DOJ resolution promulgated Feb, 26, 2010 in the case of murder filed by spouses Wal versus Marrero, Tomon and Genetiano as respondents
It was signed by Justice Secretary Agnes VST Devanadera showing copies were issued to the Regional State Prosecutor of San Fernando City, La Union, the Baguio City Prosecutor, lawyer Antonio Pekas, counsel of complainants and lawyer Valentin Paredes, consel for Marrero.
“The petition for review is hereby granted. The Resolution of Provincial Prosecutor Jessica G. Viloria dated Aug. 6, 2006 is reversed and set aside,” the Devanadera resolution said. “The resolution of Provincial Prosecutor Danilo C. Bumacod dated June 22, 2009 is reinstated. The City Prosecutor of Baguio City or the Office of the Regional State Prosecutor, Region 1, as the case may be, is directed to amend the information filed in court by including respondent Joseph Marrero as one of the accused and to report the action taken thereon within 10 days from receipt hereof.”
Bumacod in a resolution dated June 22, 2009 recommended Marrero for indictment for murder on the ground that the extrajudicial confessions of Tomon and Genetiano were “interlocking confessions” saying these were admissible against Marrero.
In the Wal case, “interlocking confessions” (by Tomon and Genetiano) were those made independently of each other. Although they were taken on the same date, these were executed one after the other by two different investigators.
Also acting as counsel for the Wal couple are lawyers Inglay Fokno and Jessie Lacsigen.
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