Complainant in trader’s kidnapping dismayed over case dismissal
By Annabelle L. Ricalde and Michael Andrew W. Yu
Wednesday, January 11, 2012
THE policeman who acted as nominal complainant in the kidnapping case of businessman Manny Boniao expressed dismay on the prosecution over the dismissal of the case.
Senior Police Officer 3 Edmund Leyros of the Cagayan de Oro City Police Office’s Intelligence Branch (CIB) said he has no problem with the dismissal of the case, but he objects to the prosecution’s statement that he did not submit a police blotter.
In dismissing the case, the prosecution said the nominal complainant failed to submit a police blotter to show that the victim’s family reported the incident to the police.
But Leyros insisted there was a police blotter attached to the case that he filed before the City Prosecutor’s Office on September 27, 2011.
He said also attached were his affidavit-complaint being the nominal complainant, the affidavit of the security guard of People’s Agri Services and Supply Inc. identified as Rey Macua Cajes, pictures of the suspects and other evidence to prove that Boniao was indeed kidnapped.
“The police blotter was made by SPO (Senior Police Officer) 1 Donasco of Agora Police Station based on the investigation that he conducted when he responded at the crime scene,” Leyros said.
He said the family of Boniao at that time did not know what to do out of fear.
“That’s a big insult to us police. They should not use that as an escape goat because in the first place, they have the power to compel Boniao to appear if they want to since it’s stated in the subpoena that a person may be penalized if he failed to appear so why they did not use that power and penalize Boniao for not showing in the preliminary investigation?” Leyros said.
He said there was enough time for the preliminary investigation and that the prosecution needs not rush the investigation and resolve the case.
On January 5, the City Prosecutor’s Office dismissed the kidnapping case filed by Leyros against the four alleged suspects identified as Abdul S. Raco, a resident of Bobong Madaya in Marawi City; Malik M. Guro, a resident of Ala Street also in Marawi City; Rudy “Gogona” Beniga of Zone 2 in Barangay Kauswagan, Cagayan de Oro; and Enrique S. Goltiao, a resident of Apovel Subdivision also in Cagayan de Oro.
The prosecution said it found no probable cause in elevating the criminal complaint due to lack of sufficient evidence and recommended for the return of the case’s records to the CIB for further investigation.
Aside from the nominal complainant’s failure to submit a police blotter, the four-page resolution also cited several reasons in dismissing the case, among which is the absence of Boniao’s affidavit-complaint proving that he was abducted or if there was indeed ransom paid to the kidnappers, and that no member of the victim’s family complained or even confirmed that Boniao was kidnapped.
For his part, City Police Director Senior Superintendent Gerardo Rosales said they can’t do nothing on the case’s dismissal but wait until Boniao would show up and declare that he was kidnapped.
“‘Yung fiscal nga walang nagawa to force Boniao to appear, kami pa kayang mga polis? Only Boniao can help the case to prosper,” Rosales said.
Related to this, Councilor Roger Abaday expressed frustration on the dismissal of the case.
Abaday said Boniao is not interested to pursue the case and the prosecutors cannot be blamed since they depend on the case and the complainant.
“The prosecutor’s office would not raise the case in court if there is lack or insufficiency of evidence. This one is not a good example, that we tolerated such act. I’m very much frustrated,” he said.
Abaday said the best action would be to prevent the same occurrence of kidnapping as this would reportedly spoil the kidnappers to do the same criminal act.
“It is possible that kidnapping incidents will still continue if people who have been kidnapped will not show interest in pursuing the case against the suspects,” he said.
The prosecutor’s office said Boniao did not also send any representatives to confirm that he was indeed kidnapped.
Boniao, owner of People’s Agri Service and Supply in Gusa village, was abducted by five gunmen on September 19 inside his establishment.
On September 24, he was released by the kidnappers but refused to issue any statement regarding the incident nor file any complaint.
He was later reported to have gone abroad.
Published in the Sun.Star Cagayan de Oro newspaper on January 11, 2012.
http://www.sunstar.com.ph/cagayan-de-oro/local-news/2012/01/11/complainant-trader-s-kidnapping-dismayed-over-case-dismissal-19
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