Cagayan mayor ordered nabbed for slay of 3 men

By Armand Tamaray

TUGUEGARAO CITY-- The Court of Appeals has ordered the immediate arrest of Mayor Licerio Antiporda III of Buguey town in Cagayan after affirming with finality his conviction for the killing of three people in May 1995.

In a 15-page resolution promulgated Tuesday, the former special ninth division of the appellate court dismissed Antiporda’s motion seeking his acquittal in the killing of Edwin Cusit, Johnny Alonzo, and Ben Magguddayao.

The CA stood by its decision handed down last January, upholding the conviction of Antiporda for three counts of homicide and one count of attempted homicide by Manila Regional Trial Court Judge Teresa Soriaso in February 2000 and sentencing him to 44-year imprisonment.

Antiporda argued in his appeal that he should be acquitted as prosecution witnesses recanted their testimonies during the trial. But the CA remained unconvinced.

“As settled, only when there exist special circumstances in the case which when coupled with the retraction raise doubts as to the truth of the testimony or statement given can retractions be considered and upheld. As we have earlier stressed, there is nothing, other than the retractions themselves, that creates any doubt on the guilt of accused-appellant,” read the ruling penned by Associate Justice Noel Tijam.

The CA said the recantation of witnesses would not suffice to reverse a guilty verdict.

“There must be other circumstances which, when coupled with retraction or desistance, create doubts on the veracity of the testimony given by the witnesses during the trial,” it said.

The CA also cast doubt on the veracity of the recantation, citing “uniform basis of these recanting witnesses for not coming out in the open for so long years.”

It said it was not convinced by the witnesses’ claim that they only implicated Antiporda due to threats and machinations employed upon them by the late private prosecutor Franklin Tamargo.

“No one of these witnesses has ever stated or described the specific act of such claimed threat or machinations. Interestingly, no one also has ever endeavored to justify the capacity of then late Atty. Tamargo to instill to them such fear of his mere threat or machinations as to induce them to falsely accuse the then mayor’s son and now the incumbent mayor (Antiporda) all these past years,” the CA said.

Assuming that the witnesses really lied under oath during the trial, the appellate court said they would no longer be credible as well as their new testimonies.

“We are morally obligated to reject their now sworn recantation to the contrary since one who has declared falsehood under oath in the past in expected to repeat the same falsehood under oath in the future,” the CA said.

Associate Justices Fernanda Lampas-Peralta and Antonio Villamor concurred with the decision.

Apart from affirming the guilty verdict, the CA also ordered Antiporda to indemnify each of the families of the three victims with P50,000.

The mayor was also found guilty of attempted homicide for plotting to kill Jimmy de Guzman also in May 1995. Antiporda, then only 22, was SangguniangKabataan chairman.

Antiporda’s camp earlier said they would elevate the case to the Supreme Court if his appeal in the CA would be denied.