Negros court junks murder raps vs ex-mayor, 13 others in death of town councilor
BACOLOD CITY—A regional trial court (RTC) in Guihulngan City in Negros Oriental has dismissed a murder case filed against 14 people from Negros Occidental, including current and former officials of Moises Padilla town and an ex-mayor of Isabela town, for the death of a town councilor in 2019.
RTC Judge Ma. Anna Priscila Pareja, on Feb. 28, dismissed the murder case lodged against all of the accused because of the lack of interest by the complainant and the private prosecutor to pursue it.
“In line with the constitutional guarantee of an accused’s right to a speedy trial and to prevent any further delays in the administration of justice, the motion to dismiss by the defense is hereby granted. Accordingly, the instant case is hereby dismissed,” Pareja said in her order.
The case was filed after Moises Padilla Councilor Jolomar Hilario was killed in his residence in Barangay Inolingan in March 2019. Hilario’s son Leo Francis served as the private complainant.
The public prosecutor manifested in court on Feb. 27 that the private complainant and his mother questioned their need to attend the Feb. 28 hearing since they already decided to withdraw the case.
Pareja subsequently ordered the dismissal of the murder case against former Isabela Mayor Joselito Malabor, incumbent Moises Padilla Vice Mayor Adrian Villaflor, incumbent Councilor Vincent Bryan Garcia, former Councilors Jimmie Don Plaza and Morito Flores, and former barangay captain Jonathan Villaflor.
Also cleared were Feliza Villaflor, Roel Sarillo, Jason Abria, Raymond Gabitanan, Richard Sarillo, Armando Cordero, Amy Locsin and Joemer Pablo.
Release order
The judge directed the Bureau of Jail Management and Penology Negros Occidental District Jail in Bago City to release all the accused under their custody.
Malabor, who is running for councilor in Isabela, thanked his lawyers, Jose Max Ortiz and Nora Abaygar, for the dismissal of the murder case after almost five years.
“This case was nothing but pure political harassment orchestrated by our political rivals. Because of this, I am determined to run for SB (Sangguniang Bayan) member to fight against the dirty tactics of the other political group,” he said.
Incumbent Moises Padilla Mayor Ella Garcia-Yulo and her husband were also implicated in the murder complaint but were excluded by the prosecutor in the case as they were in jail for another case at the time Hilario was killed.
Garcia-Yulo and her husband Felix were arrested at a checkpoint while exiting Moises Padilla and were charged with alleged illegal possession of explosives and illegal drugs in 2017. These cases, which Garcia-Yulo said were trumped up, had been dismissed by the court.
