Lawyer Appeals for Affidavits Inclusion in Missing Sabungeros Case
The Department of Justice (DOJ) has been urged to include unfiled affidavits in the missing sabungeros case, a move that could significantly change the investigation’s direction, sources close to the case revealed. This appeal came from the legal counsel of one of the police officers implicated in the abduction of 34 cockfighting enthusiasts, locally known as sabungeros.
In a formal letter to the DOJ, Atty. Bernard Vitriolo requested the agency to consider seven affidavits as part of its evaluation of the case involving his client, Staff Master Sgt. Joey Encarnacion. The lawyer emphasized that these affidavits might substantially alter the outcome of the investigation.
Details of the Requested Affidavits
Vitriolo also asked the DOJ to issue a subpoena duces tecum to obtain affidavits secured by the Philippine National Police (PNP) Criminal Investigation and Detection Group (CIDG). The affidavits include statements from multiple witnesses and complainants, notarized by attorneys Rachel Jane Regaspi and Marie Angelica Cordoba.
- Joint affidavit of Melchor Balnig, Roquillo Anding, Levi Wendill Mahilum, Julios Gumbo, Vincent Jake Timbres, Emmanuel Falle, Victorino Jocosol, and Jezrel Mahilum.
- Affidavit of Rodeo Anig-ig.
- Affidavit of Rogelio Teodoro Borican, Jr.
- Affidavit of Vincent Jake Timbreza.
- Affidavit of Jezrel Mahilum.
- Supplemental affidavit of Rodelo Anig-ig.
- Supplemental joint affidavit of Vincent Jake Timbreza, Jezrel Mahilum, and Julios Gumolon.
Concerns Over Prejudgment and Suppression
Vitriolo expressed strong objections to statements made by Undersecretary Mico Clavano, who reportedly dismissed the affidavits as unreliable because they originated from respondents. The lawyer clarified, “These affidavits belong to either witnesses, complainants, or possible respondents, but not from my client.”
He warned that suppressing these affidavits could cause undue injury to Encarnacion, violating Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act. Officials reported that the CIDG has admitted possession of these notarized affidavits but has yet to submit them for DOJ evaluation.
Allegations Against the Patidongan Brothers
The affidavits suggest that the masterminds behind the missing sabungeros case might be the Patidongan brothers, including the whistleblower himself. According to Vitriolo, the whistleblower appears to be deflecting responsibility by accusing potentially innocent individuals as scapegoats.
Efforts to have the CIDG turn over the affidavits to the DOJ reportedly failed, prompting Vitriolo to call for adherence to DOJ Department Circular No. 20. This policy mandates a thorough inquiry into all possible relevant evidence to ensure a fair indictment rather than selective submission by law enforcement agencies.
Preventive Suspension and Investigation Status
Staff Master Sgt. Joey Encarnacion and 11 others were placed under a 90-day preventive suspension by the National Police Commission (Napolcom) on August 4. Napolcom Vice Chairperson Rafael Calinisan explained that this action aims to protect witnesses and maintain the integrity of the ongoing investigation.
Calinisan cited two resolutions from the Napolcom en banc, which found substantial legal and factual basis to approve the motion for preventive suspension, based on the complaint filed by whistleblower Julie “Dondon” Patidongan (alias Totoy).
For more news and updates on the missing sabungeros case, visit Filipinokami.com.
