THE Regional Trial Court (RTC) of Angeles City in Pampanga has granted the plea of a police officer to be discharged from the custody of the Philippine National Police-Anti-Kidnapping Group (PNP-AKG) after fulfilling his obligation as state witness in connection with the October 2016 kidnap-slay of South Korean businessman Jee Ick Joo.
In a two-page ruling dated January 30, Angeles City RTC Branch 56 Judge Irin Zenaida Buan held that SPO4 Roy Villegas has already concluded his testimony on the case, which warranted the approval of his request.
“Based on the proceedings held in these cases, it appears that witness Villegas [had] already finished his testimony, thus, it can be concluded that he already fulfilled his duty as a state witness. With the completion of the testimony of witness Villegas, there is no more valid reason to recall his discharge, thus, the effect of his discharge should be given effect,” the ruling said.
Villegas had identified SPO3 Ricky Sta. Isabel as the one who strangled Jee to death after talking to a “sir Dumlao,” who later turned out to be Police Supt. Rafael Dumlao III, a former official of the PNP-AKG, and one of the respondents in the case.
The policeman claimed that when he realized it was not a legitimate police operation, he did not resist and continued to obey instructions for fear of his life and the safety of his family.
Sta. Isabel and co-accused Jerry Omlang earlier opposed Villegas’s request, citing their pending petition for certiorari before the Court of Appeals (CA).
This was denied by Judge Buan citing lack of legal basis.
“The amendments in Section 7, Rule 65 of the Rules of Court clearly mandates that the pendency of a petition for certiorari will not interrupt the course of the main case unless a temporary restraining order or a writ of preliminary injunction is issued by the appellate court,” Judge Buan ruled.
Sta. Isabel, Omlang and Dumlao are charged with kidnapping for ransom and homicide, while Gerardo “Ding” Santiago, owner of the Gream Funeral Services in Caloocan City where the body of the South Korean businessman was brought, was charged as an accessory to the crime. Omlang is an errand boy at the NBI who surrendered and confessed to his participation in the crime.
Villegas was initially named as respondent in the case but the prosecution sought for his exclusion to be able to utilize him as state witness.