Gun exhibits in fiscal’s custody missing: Isabela mayor, 5 others charged for slay of councilor's daughter

By Charlie Lagasca

BAYOMBONG, Nueva Vizcaya– Murder charges have been filed against an Isabela town mayor, his daughter and four others for the killing of a rival’s daughter in an ambush five years ago.

The Isabela prosecutor’s office filed the murder and frustrated murder charges against Gamu Mayor Fernando Cumigad and board member Mitzi Cumigad and Luisito Cumigad, the mayor’s daughter and brother, respectively, as well as three others based on the confession of one Michael Mallavo, the mayor’s former security aide.

The criminal case was endorsed and filed by assistant provincial prosecutor Raymond Aggabao before the Ilagan, Isabela Regional Trial Court Branch 18 last Aug. 2.

Cumigad, a close ally of former governor Grace Padaca, dismissed Mallavo’s accusations as mere hearsay and politically motivated.

The charges stemmed from the ambush by unknown men on the party of Cumigad’s political rival, councilor Manuel Morillo, on March 25, 2005, which resulted in the death of Morillo’s daughter Kimberly.

Morillo, who also sustained injuries in the ambush, was then a close ally of Mayor Cumigad’s perennial political rival, former mayor Alfredo Burkley Jr.

In his testimony last June 4, Mallavo, aided by a lawyer, said he heard Cumigad, his daughter Mitzi and brother Luisito, and one Ronnie de la Cruz and Zaldy Pagulayan, allegedly planning to kill Morillo.

Mallavo added that he was actually in the room where the ambush was hatched on March 24, 2005, a day before the incident took place.

He, however, admitted that he did not actually see or participate in the ambush, being at home at the time, and only heard it being talked about at Cumigad’s house later in the day when he reported for duty.

Mallavo earlier said he surfaced to expose the killing after learning that Cumigad’s group allegedly planned to kill him, too, and after being bothered by his conscience.

Cumigad said Mallavo’s confession was “worthless” and “mere hearsay.”
“My daughter Mitzi was out of the country at the time that (Mallavo) claimed we planned the ambush. So how could she be there?” he said.

In a motion to quash the charges last Aug. 11, Cumigad’s lawyer Bernard Olalia said Mitzi “was in Singapore and Malaysia as shown by her passport from March 21 to 26 (2005),” during which the alleged meeting to kill Morillo took place.

“This is a veritable proof that (Mitzi) was definitely out of the country when the alleged conspiracy as claimed by Mallavo happened,” the mayor said.

“Besides, for what reason should I want to have him killed? If this were true, he would not have left our compound alive,” he added.

Mallavo’s statements, Cumigad said, were obviously politically motivated since Mallavo’s brother works with his political rivals.

“I believe (Mallavo) was intentionally made to intrude into our camp. There being nothing that could be taken or gathered against us, they concocted such a story,” he added.

This, as several firearms for exhibits in the illegal gun charges against Cumigad were found missing while in the custody of the local prosecutor’s office last week amid pending motions by the mayor’s counsel to be allowed to examine them.

Missing were four rifle grenades, a 9mm pistol and an M16 armalite rifle which were being used as evidences in the case for violation of Republic Act 8294 or illegal possession of firearms and explosives filed against Cumigad.

The Isabela prosecutor’s records and custodial office discovered the firearms’ disappearance about 1 a.m. on Aug. 26, a day after Cumigad’s camp reportedly filed a motion to verify their existence.

Isabela Chief Prosecutor Anthony Foz could not be immediately reached for comment.

The case filed against Cumigad and one Laurence Fer¬nandez, his bodyguard, resulted from a raid by police operatives on his residence in Gamu town a day before the May elections, which yielded the said firearms.

Cumigad said the firearms were all licensed at the time of the raid.
He described the raid as political harassment.

Reports showed the steel cabinet where the guns were kept had shown no signs of being forced open but the cabinet could also be easily opened without the use of its key.

An interview with Cumigad showed some employees at the prosecutor’s office could also be behind in taking out the firearms.

“Everytime I ask to see the evidence, some of my guns are missing. Then, the next day, they are back again. Authorities had promised to return said firearms after I proved to them that they were duly licensed but they still continued the case,” Cumigad said.

Police declined to comment on the missing firearms, saying they were still investigating the case.

“Investigations are still ongoing on the case,” said Chief Insp. Roberto Bucad, information officer of the Isabela police office.

Aside from the firearms case against Cumigad, he and five others, including his daughter Mitzi and brother Luisito are also facing murder cases for the death of the daughter of a political rival, then Gamu councilor Manuel Morillo, in an ambush in 2005.