Cebu RTC denies bail for ex-mayor tagged in Hinolan's murder
The Cebu Regional Trial Court has denied an appeal to be granted bail by a former Aklan town mayor accused of gunning down Aklan broadcaster Herson "Boy" Hinolan.
In a six-page order received by the prosecution on Sept. 1, Judge Sylva Aguirre-Paderanga, presiding judge of the Cebu RTC Branch 16, upheld her May 26, 2008 ruling denying the petition for bail of former Lezo town mayor Alfredo "Fred" Arcenio.
Paderanga said in her recent order that the testimony of witness Niño Suñer during a hearing on May 26 had established evidence against Arcenio warranting the denial of bail.
"After due consideration of the testimony of witness Suñer, the Court finds nothing that could sway its evaluation of the evidence presented for purposes of bail that the prosecution has established that the evidence of guilt of the accused of the crime charged is strong," said Paderanga in her order denying the motion for reconsideration filed by Arcenio's lawyer on June 12.
A lone gunman repeatedly shot Hinolan on November 13, 2004 near a carnival in the capital town of Kalibo. Hinolan, former station manager of dyIN Bombo Radyo in Kalibo and host of the station's morning program "Bombohanay Bigtime," died two days later from multiple gunshot wounds.
Suñer, 19, had testified that he was a few meters away inside a parked tricycle just outside the carnival when he saw Hinolan urinating beside a warehouse. He said he saw Arcenio with a handgun approaching and then shooting Hinolan at the back.
Suñer who was 15 years old at the time of the shooting said he recognized Arcenio as the gunman because the area where Hinolan was shot was well-lighted and because the former mayor was frequently seen in cockpits.
Arcenio, a former soldier, has denied involvement in the killing and has has repeatedly claimed that he was in Lezo town 7 km from Kalibo at the time of the incident. He is detained at the Cebu Provincial Detention and Rehabilitation Center.
Paderanga said Suñer is a credible witness despite coming out only four years after Hinolan's killing.
"In imputing a heinous crime against the accused who was then mayor of Lezo, Aklan, witness Suñer must have drawn enough courage and strength to help obtain justice for the victim," said the judge in her order.
But she pointed out that the court "only evaluated the weight of evidence for purposes of accused's putting up of bail but has yet to determine the guilt of the accused beyond reasonable doubt."
One of Arcenio's lawyers, Ramiro Madarang, said in a telephone interview that his client will file a petition for certiorari before the Court of Appeals questioning the orders of the Cebu RTC denying the petition for bail and the motion for reconsideration.
The prosecution panel composed of prosecutors from the Department of Justice's Task Force 211 has filed a motion to cite in contempt of court the accused and his brother Toto Arcenio for allegedly calling and harassing Suñer's family and relatives to convince the witness to retract his testimony.
The prosecution also sought an order barring the Arcenio's relatives and supporters from communicating with any of the prosecution witnesses and their immediate relatives.
Madarang denied the allegation against his client.
"That is not only false but fabricated. The real objective is to depict my client as a man of violence," he said.
The Cebu RTC Branch 16 is also hearing the murder case of another Aklan broadcaster, Rolando Ureta, who was gunned down by two motorcycle-riding gunmen on January 3, 2001, along the national highway in Barangay Bagtu in Lezo town.
In the hearing last August 29, witness Peter Sonio identified one of the accused, Amador Raz, as one of the Ureta's gunmen. The other accused, Jessie Ticar, earlier died of an ailment while under detention at the Aklan Rehabilitation Center.
Justice Undersecretary and Task Force 211 head Ricardo Blancaflor welcomed the progress in the cases and said they are determined in resolving the cases of murdered journalists including the recent killings of broadcasters Martin Roxas in Roxas City in Capiz and Dennis Cuesta in General Santos City.
He said they will provide security assistance even to families of witnesses if requested and necessary.
Six journalists have been gunned down this year and 60 since 2001 when President Macapagal-Arroyo came to power, according to records of the National Union of Journalists of the Philippines (NUJP).