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m Conspiracy charges: added definition relating to case.
m Trial: added a new section petition for bail definition by law.
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=== Trial ===
=== Trial ===
The trial for the petition for bail started May 2, 2012. A total of 7 prosecution witnesses aired their sides for the supposed crime.
The trial for the petition for bail started May 2, 2012. A total of 7 prosecution witnesses aired their sides for the supposed crime.


==== Petition for Bail ====
All accused, except for RB, filed a '''Petition for Bail''' to ask the court for their temporary liberty since the prosecutor didn't recommend any bail for all of the accused.

It was ruled that, “As a general rule, a person in custody shall, before final conviction be entitled to bail as a matter of right." <ref>People vs. Presiding Judge, RTC Muntinlupa City [Br. 276] 431 SCRA 391</ref> When evidence of guilt is strong, a person shall not be entitled to bail if charged with a capital offense or with an offense that under the law is punishable with reclusion perpetua at the time of its commission and at the at the time of the application for bail.

From the foregoing, it is clear that it is jurisprudentially settled that before conviction of an offense punishable by death, reclusion perpetua, or life imprisonment, '''when evidence of guilt is NOT strong, ''bail becomes a matter of right''.'''


==== Prosecution Witness ====
==== Prosecution Witness ====
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He only testified that he was part of the team who arrested the two (2) accused. Also, that he was present during the 'interrogation' of the star witness, Ruel Puzon. <ref name="ram4" />
He only testified that he was part of the team who arrested the two (2) accused. Also, that he was present during the 'interrogation' of the star witness, Ruel Puzon. <ref name="ram4" />



* Second witness of the prosecution is '''Ruel Puzon'''
* Second witness of the prosecution is '''Ruel Puzon'''
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:: Puzon told the police that the gunmen, RFT and MJN were to be paid Php 200,000. And GV and NDR's role was to monitor the movements of Revilla. <ref name="ram3" /> He also stated that he was only doing this as an act, that he has no intention to be the replacement gunman, that he will only swindle the money given to him. However, after his giving his testimonies and statements it somehow revealed to have a lot inconsistencies. He also testified that he received a "Christmas gift" worth <u>Php 15,000</u> from Chief of Intelligence of the Parañaque Police, '''Police Chief Inspector Ferjen Torred''' last Dec., 2011. <ref>[http://newsinfo.inquirer.net/230484/ramgen-witness-%E2%80%98in-it-for-the-money%E2%80%99 Revilla witness just in for the money]</ref>
:: Puzon told the police that the gunmen, RFT and MJN were to be paid Php 200,000. And GV and NDR's role was to monitor the movements of Revilla. <ref name="ram3" /> He also stated that he was only doing this as an act, that he has no intention to be the replacement gunman, that he will only swindle the money given to him. However, after his giving his testimonies and statements it somehow revealed to have a lot inconsistencies. He also testified that he received a "Christmas gift" worth <u>Php 15,000</u> from Chief of Intelligence of the Parañaque Police, '''Police Chief Inspector Ferjen Torred''' last Dec., 2011. <ref>[http://newsinfo.inquirer.net/230484/ramgen-witness-%E2%80%98in-it-for-the-money%E2%80%99 Revilla witness just in for the money]</ref>



* Third witness of the prosecution is '''Ronald Flores Ancajas''', the guard and aide of Ram Revilla.
* Third witness of the prosecution is '''Ronald Flores Ancajas''', the guard and aide of Ram Revilla.
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However, it was revealed during the ocular inspection last April 17, 2012 that it is ''''physically impossible'''' <ref>[http://www.gmanetwork.com/news/video/116727/qrt/ocular-inspection-sa-bahay-ni-ram-revilla-natuloy-ngayong-araw Ocular pushed through]</ref> to see from his room people walking towards the village's gate. And he was just awaken by the security guard of the village, Niño Tabada, at around 12:40am when the body of Revilla was sent to the hospital (page 56 <ref name="031213TSN" />). He also testified that he received reward money in part of the Php 500,000.
However, it was revealed during the ocular inspection last April 17, 2012 that it is ''''physically impossible'''' <ref>[http://www.gmanetwork.com/news/video/116727/qrt/ocular-inspection-sa-bahay-ni-ram-revilla-natuloy-ngayong-araw Ocular pushed through]</ref> to see from his room people walking towards the village's gate. And he was just awaken by the security guard of the village, Niño Tabada, at around 12:40am when the body of Revilla was sent to the hospital (page 56 <ref name="031213TSN" />). He also testified that he received reward money in part of the Php 500,000.



* Fourth witness of the prosecution is '''Dr. Dominic Aguda''', the medico-legal officer who performed Revilla's [[autopsy]] and other examinations.
* Fourth witness of the prosecution is '''Dr. Dominic Aguda''', the medico-legal officer who performed Revilla's [[autopsy]] and other examinations.
:: ''''Testimony date: Oct. 9, 2012'''' <ref> [http://www.philstar.com/metro/2012/10/10/857886/medico-legal-officer-details-ramgens-wounds Medico-Legal details Ram's wounds]</ref>
:: ''''Testimony date: Oct. 9, 2012'''' <ref> [http://www.philstar.com/metro/2012/10/10/857886/medico-legal-officer-details-ramgens-wounds Medico-Legal details Ram's wounds]</ref>



* Fifth witness of the prosecution is '''[[Janelle Quintana|Janelle Manahan]]''', the ''''former girlfriend'''' of Revilla.
* Fifth witness of the prosecution is '''[[Janelle Quintana|Janelle Manahan]]''', the ''''former girlfriend'''' of Revilla.
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Manahan said he only implicated the siblings as according to what she noticed that she failed to discern any emotional manifestations on the siblings. <ref>[http://www.abs-cbnnews.com/entertainment/12/11/12/janelle-manahan-testifies-vs-ramgens-siblings No sign of emotion]</ref>.
Manahan said he only implicated the siblings as according to what she noticed that she failed to discern any emotional manifestations on the siblings. <ref>[http://www.abs-cbnnews.com/entertainment/12/11/12/janelle-manahan-testifies-vs-ramgens-siblings No sign of emotion]</ref>.



* The sixth witness of the prosecution is '''Sheridan Embat''' (Embat)
* The sixth witness of the prosecution is '''Sheridan Embat''' (Embat)
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He said that he was promised to be paid Php 200,000.00 as a finder's fee and Php 800,000.00 up to Php 1,000,000.00 for the hired killer/s <ref name="embat2" />. Although after giving details of the said "gunman" he does not know anything anymore after he gave the number of the said gunman. He volunteered to be a witness as he was bothered by his conscience.
He said that he was promised to be paid Php 200,000.00 as a finder's fee and Php 800,000.00 up to Php 1,000,000.00 for the hired killer/s <ref name="embat2" />. Although after giving details of the said "gunman" he does not know anything anymore after he gave the number of the said gunman. He volunteered to be a witness as he was bothered by his conscience.



* The seventh and last witness ''''in regards to the petition for bail'''' of the prosecution is '''Niño Tabada'''.
* The seventh and last witness ''''in regards to the petition for bail'''' of the prosecution is '''Niño Tabada'''.

Revision as of 20:10, 27 July 2013

Ram Revilla
File:Ram Revilla.jpg
Ram Revilla
Born
Ramgen Jose M. Bautista

(1989-02-12)February 12, 1989
DiedOctober 28, 2011(2011-10-28) (aged 22)
Cause of deathMurder
Other namesRam Revilla, Ramgen Revilla
Occupation(s)Matinee idol, actor, model
Years active2004–2011
Parent(s)Ramon Revilla, Sr.
Genelyn Magsaysay
FamilyBong Revilla (half-brother)
Ramona Belen
Ragene Anne
Ragelyn Gail
Ram Joshua
Ramon Joseph (RJ)
Raphael Julius
Reuben Jesse
Ramlyn Gabrielle

Ram Revilla (February 12, 1989 – October 28, 2011), born Ramgen Jose Magsaysay Bautista,[1] also known as Ramgen Revilla, was a Filipino actor best known for his roles in various Filipino television series including his role as Jeff Gatdula in Tonyong Bayawak.

The murder of Ram Revilla happened on October 28, 2011 approximately around 11:30pm. He was declared dead on arrival at the Parañaque Medical Center after being shot and stabbed in their family residence. [2] Up to now there is no clear evidence to who was the real gunman and the real mastermind.

Personal life

File:Ramgen as a kid..jpg
Ramgen as a kid.
File:Ram Revilla's family picture when they're still kids..jpg
Ram's family picture when they're still kids.

Ramgen Jose Magsaysay Bautista (popularly known as Ram Revilla) was born in Imus, Cavite to actor and former Philippine Senator Jose A. Bautista (Ramon Revilla, Sr.) and Genelyn Magsaysay. His name Ramgen is derived from the first names of his father and mother - Ramon & Genelyn. He is one of 72 children of Revilla, Sr. and also a half-brother of actor and incumbent Philippine Senator Ramon "Bong" Revilla, Jr..

File:Ram with his mom, Genelyn Magsaysay.jpg
Ram with his mom, Genelyn Magsaysay
File:Ram with his father Ramon Revilla, Sr. .jpg
Ram with his father Ramon Revilla, Sr..

Revilla had followed his father's and brother's footsteps, landing roles on television when he was just 14 years old.

Ram Revilla or just "Ramgen" to what his family often calls him is the eldest among the 9 children, he is followed by Ma. Ramona Belen, Ma. Ragene Anne, Ma. Ragelyn Gail, Ram Joshua, Ramon Joseph, Raphael Julius, Reuben Jesse and the youngest, Ma. Ramlyn Gabrielle.

Murder of Ram Revilla

The Ram Revilla Murder Case is handled by Parañaque City Regional Trial Court (RTC) Branch 274 that is presided by Hon. Judge Fortunito Madrona [3] under Criminal Case No.: 11-1169 || People of the Philippines vs RJB, et. al. [4]

The murder of Ram Revilla is a case that is sensationalized by the media that has reached several international countries besides the Philippines. It is widely read and watched by people especially due to its interesting plot.

A trial by publicity as they say [5]. As this case was even noted as the "Most Shocking Showbiz News" of 2011 as Ram Revilla is part of influential clans in the Philippines -the Revilla's and Magsaysay's. The Philippine National Police (PNP) has considered the case as "case closed" [6] said by Sr. Supt. Billy Beltran, Chief of Police of Parañaque City after identifying seven (7) suspects as of November 1, 2011 or only 3 days after the crime.

Primary suspects of his death according to the police investigation were his younger siblings [7]. [3] However, a person accused of a crime is presumed innocent until proven guilty and convicted by a court of law. Charges against one of the siblings has been dropped for lack of evidence. [8] and others are still on trial.

Seven (7) people are now in trial. Although no strong evidence was given that they are in fact the masterminds in the death of the actor. RJB, RP and four (4) others that was said responsible for the murder are now under the Bureau of Jail and Management (BJMP) custody under the Department of Interior and Local Government (DILG), [3] while RB left the country and now currently staying in Turkey with her husband. She is now under the Red Notice of Interpol. [3] [9] [10] Currently, the Philippines has no extradition treaty with Turkey. [11]

The real identity of the masked man wearing a Halloween mask remains mysterious. [3]

Death

Ram Revilla was murdered in their family residence at BF Homes in Parañaque City on October 28, 2011 with his younger sister Ramona and ex-girlfriend Janelle Manahan (Manahan) present in the crime scene.

Revilla sustained 11 stab wounds on his body and a gunshot to the left side of his chest.[12] and Manahan suffered 2 gunshots on her face and shoulder[13], while Ramona was left uninjured due to the fact that Ram Revilla was able to save them from further attacks by fighting and locking-up the door.

Citing a police report, Sen. Revilla, brother of the victim, said the gunman shot Ram Revilla with a .45 caliber gun and then stabbed him. [14]

October 28, 2011

The family of Ram Revilla scheduled a trip to Baguio City for Ram Joshua Bautista, a plebe, in Philippine Military Academy for his Recognition Day scheduled last Oct. 29, 2011 [15]. Revilla wasn't able to come since he has prior commitments that was scheduled beforehand.

As per Janelle Manahan's (Manahan) recollection in her statements and testimonies [16].

In the fateful night of Oct. 28, 2011, Revilla and Manahan was exercising at the 'lanai' or the exercise area of the family before they proceeded to Revilla's room (Page 87 [16]).

Revilla just finished showering while Janelle is on the dresser sitting infront of the mirror when Ramona knocked at the door to get Revilla's captured video to [17] , Manahan opened it and left it open (Page 41 [16]) , after around 5 minutes the assailant suddenly appeared, he didn't go inside the room, he was just by the door (Page 42 [16] ).

Manahan was seating on the chair facing the mirror and without any warning the assailant shot her right away. The first shot landed on her right shoulder and then when she looked at the assailant she was shot under her left eye (Page 96 [16]) [17], when she was shot twice, the assailant did not do anything for one minute, it was only when the gun man reacted when Revilla was able to run towards him after Ramona shouted to Revillaa that Manahan was shot (Page 74/89 [16]).

Ramona said she ducked and saw blood on the floor when she looked up, she saw Revilla wrestling with the gunman. [18]

Revilla and the assailant fought outside the door which prevented Manahan to see what's happening, during this time she was still seated infront of the mirror bowing down (Page 75 [16]).

The commotion lasted for about 5 minutes (Page 92 [16]). Ramgen retreated back to his room and slammed the door. The suspect's hand was hit and he was forced to retreat as Ramgen was able to lock the door, Ramona said. [19]

Janelle was now on the floor, still conscious. She asked Ramona to call for help but the latter, panicking, said she did not know who to call. Janelle said Ramona tried to call RJ but his cellphone was turned off. Ramona offered to drive Janelle and Revilla to the hospital but couldn’t find the keys to the car. She then left the house after. [20] [17]

When Ramona left she was able to close and lock the door, then closed the lights, the TV, the aircon, the electric fan, the lamp and then made sure then windows are locked in her weakened condition (Page 83 [16]).

She said help arrived probably 45 minutes after, she was just seated by the window and not trying to make any noise, she and Revilla wasn't moving at that time and she's unaware if Revilla is still breathing or not (Page 84 [16]).

When the help arrived she was able to walk to the ambulance while the others are getting Revilla to the stretcher to bring him to the ambulance. When they arrived at the Parañaque Medical she just walked towards the receptionist's chair and waited for another 10-15 minutes before Manahan approached a Nurse to inform that she was also injured (Page 104 [16]).

She was never treated the whole time for about two (2) hours because the hospital is waiting for parental consent (Page 105 [16]), when her relatives arrived her shoulder was stitched and they just cleaned her wounds (Page 106 [16]).

After that, she was rushed to Asian Hospital by Bong Revilla, a certain Marlon and Gigi (Page 107 [16]). She was never informed that Revilla is dead already at that time.

According to her estimation, the gun used when she was shot was a "black 9mm. with silencer" (Page 37 [16]). Before the incident they are not in a relationship anymore with Revilla.

Identity of the assailant

The assailant was wearing a mask (a Halloween mask, black and white) (Page 44 [16])

Manahan initially said on police investigation that the assailant was about 5'6" to 5'7" in height however she changed it to 5'8" when asked in court (Page 45 [16]).

The assailant is wearing a jacket color army green, medium built.

Early stages of Investigation

On October 30, 2011, a certain 'Ruel Puzon' walked into the Parañaque City Police Headquarters around dusk saying he knew something about the death of Ram Revilla.

He disclosed that their were several failed attempts to murder Revilla, however he insisted that he is only part of the murder plot but not of the execution as he backed-out and because of his testimony two (2) suspects were arrested and then followed by Revilla's brother[21].

Motive

The alleged motive of Revilla's death is 'sibling rivalry', according to reports, is due to a financial squabble among the siblings. [22] [23]

Initially the police reported the feud over the alleged Php 1,000,000.00 monthly allowance of the family, however Senator Ramon Bong Revilla refuted and denied that there was no Php 1,000,000.00 monthly allowance given to the family. [24]

Arrest & Surrender

Those arrested first were RFT and MJN on Oct. 30, 2011. [11]

And on the following day, Oct. 31, 2011 by RJB. [11] According to the media interview of the Parañaque City Chief of Police, Sr. Supt. Billy Beltran that they were just forced to arrest RJB as he was initially invited. [25].

On January 24, 2012, RP, accompanied by his lawyers, voluntarily surrendered to the National Bureau of Investigation (NBI)'s Special Investigation Division after the court issued a warrant for his arrest [26].

With regards to GV and NDC, the exact time of their supposed surrender or arrest remains unclear. However on Nov. 14, 2011 it was already reported that suspects GV and NDC are already in police custody, while the warrant of arrest was only ordered last Jan. 17, 2012. For the apparent reasons it was unclear, however, police denied that the couple are in their custody. [27] Department of Interior and Local Government (DILG) Secretary Jesse Robredo confirmed to a media outlet that apparently the PNP lied. Lied regarding the apparent "surrender" of the two accused. And now, the highest official of the DILG confirmed that they indeed lied. [28]

Inquest

On Nov. 1, 2011, a Philippine National Holiday, a special inquest was held at the Parañaque City Prosecutors' Office. The inquest was handled by State Prosecutor Leah Roma. RJB waived his right for preliminary investigation. [3]

Furthermore, on a separate inquest proceedings under State Prosecutor Leah Roma, on Dec. 9, 2011, RP came for the Preliminary Investigation and submitted his counter-affidavit. In his counter-affidavit he denied any involvement in the crime. [29]

Also, due to the supplemental complaint of Manahan, GBF and HF was also charged due to the testimony of an accused, that the couple are the masterminds [30] however all charges against the couple has been dismissed.

Conspiracy

In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Conspiracies may require that at least one overt act must also have been undertaken in furtherance of that agreement, to constitute an offense.

In this case all accused are charged with conspiracy to murder. As one after the another alllegedly participated as the mastermind, middleman, or just an accomplice.

In the case of People vs. Rodas [31], it has been ruled that, “It is hornbook doctrine that conspiracy must be proved by positive and convincing evidence, the same quantum of evidence as the crime itself; xxxxxxxx.” Conspiracy cannot be established be mere inferences or conjectures – it is incumbent on the one alleging to prove each of the persons he charged performed an overt act in pursuance or furtherance of the alleged complicity, so as to convinced the investigating prosecutor that there is probable cause that they conspired with one another to commit the crime. [32]

Conspiracy charges

The accusatory allegations of the amended criminal information indicting all the accused for the non-bailable offense of murder are as follows:

“The undersigned Assistant City Prosecutor accuses, RJB, MJN alias “MICHAEL”, RFT alias “KIKO”, RB alias “MARA”, GV alias “GLAIZA VISTA”¸ NDC alias “TOTO”, and RP alias “BRYAN” of the crime of Murder, committed as follows: 

That on or about the 28th day of October 2011, at the City of Parañaque, Philippines and within the jurisdiction of this Honorable Court, the above named accused, conspiring and confederating together and all of them mutually helping and aiding one another with intent to kill, did then and there willfully, and unlawfully and feloniously attack, shoot with unlicensed firearm and stab with a bladed weapon one RAMGEN JOSE BAUTISTA y MAGSAYSAY, hitting him on the different parts of the body, thereby inflicting upon him serious physical injuries which directly caused his death, the said killing having been attended by the qualifying circumstances of treachery, evident premeditation, committed in consideration of a price, reward or promise, and abuse of superior strength, and the attendant ordinary aggravating circumstances of a crime committed in a dwelling during nighttime and employment of disguise which qualify such killing to Murder."

Going to the so called aggravating circumstances in which all accused  allegedly participated , to wit: [1] treachery, [2] evident premeditation, [3] committed in consideration of a price, reward or promise, and [4] abuse of superior strength, and the attendant ordinary aggravating circumstances of a crime committed in a [5] dwelling during nighttime and [6] employment of disguise.

  • In the crime of murder, where treachery is an element of the crime, all the offenders must have at least have knowledge of the employment of treachery at the time of the execution of the act or their cooperation therein.
    • To prove treachery, the following must be clearly established: (1) the employment of such means of execution as would give the person attacked no opportunity for self-defense and retaliation; and (2) the deliberate and conscious adoption of the means of execution.
    • The essence of treachery is “the sudden and unexpected attack by the aggressor on the unsuspecting victim, depriving the latter of any real chance to defend oneself, ensuring the attack without risk to the aggressor, and without the slightest provocation on the part of the victim.” [33]

However, in the sworn statement of Janelle Manahan, she declared that she was the one shot by a male person wearing a Halloween mask and an army green jacket, in the presence of Ramgen Jose Bautista. Thus, assuming it to be true, that Manahan was first shot before Revilla, it cannot be said that the attacked against Revilla was sudden and unexpected. 

In fact, what appears is that Revilla came to the rescue of Manahan negating the requirement of treachery that the attacked against the victim must be done in way that he is deprived of any real chance to defend himself.  

  • Anent the qualifying circumstance of evident premeditation. It was held that there must be evidence between the time when the crime was conceived by him and the time it was actually perpetrated.[34] The premeditation must be evident and not merely suspected. [35]

In the instant case, the qualifying circumstance of evident premeditation cannot also be considered since there was neither proof that all accused planned to kill Revilla. Nor was there any proof of the time when the accused determined to commit the crime and the sufficient lapse of time between the determination and the execution to allow them to reflect.

  • The aggravating circumstance of taking advantage of superior strength is considered whenever there is notorious inequality of forces between the victim and the aggressors that is plainly and obviously advantageous to the aggressors and purposely selected or taken advantage of to facilitate the commission of the crime. [36]
    • It is taken into account whenever the aggressor purposely used excessive force that is “out of proportion to the means of defense available to the person attacked.” [37] While there is no fixed definition of abuse of superior strength, it is, nevertheless, required that there must be an evidence showing the offender took advantage of his strength over that of the victim to ensure the killing.  

In the instant case, there is no evidence, testimonial or documentary, to prove the gross inequality of forces between Revilla and the alleged assailant. 

As a matter of fact, there is not a single evidence presented to established the identity of the assailant which is obviously necessary to determine if the said assailant had in fact took advantage of his superior strength. 

  • Insofar as the allegation of price, reward or promise, there is no clear and direct evidence to prove that all accused had participated in the same.  At the most, what the witnesses testified are hearsay evidence. 
  • The aggravating circumstances of dwelling, nighttime and disguise are not among the circumstances that would qualify the alleged killing to murder. These are not included in the enumerations provided for under Article 248 of the Revised Penal Code which punishes the crime of Murder. 

In the sworn statements of the prosecution witnesses failed to prove by positive and convincing evidence that all the accused  participated in the killing of Ramgen Jose Bautista y Magsaysay (Ram Revilla) on October 28, 2011.

However, what is clear is that some admitted that they knew something regarding the failed attempts to murder Revilla, but they do not have any knowledge regarding the day when Revilla got murdered.

First, all witnesses, except the medico-legal officer, failed to discern any personal knowledge in connection with the 'murder'.

Second, almost all witnesses when cross-examined by the defense have a lot of inconsistencies in their statements and testimonies.

Third, in the present case the police and the prosecution are saying that RFT and MJN are the gunmen, but when the seventh witness of the prosecution testified they are now trying to illustrate that RJB is the hitman.

Arraignment

The arraignment for Criminal Case Nos. 11-1169/70 for 'Murder and Frustrated Murder' was originally scheduled last Nov. 16, 2011, however due to the pending resolution of the "motion to quash" of an accused, the hearing was reset and was rescheduled on Jan. 17, 2012.

On Jan. 17, 2012, RJB, RFT, MJN, all pleaded "NOT GUILTY".

On January 30, 2012, RP, GV, and NDC all pleaded "NOT GUILTY".

Pre-Trial

Hold Departure Order (H.D.O.): On February 3, 2012 all accused were present on the hearing regarding the Hold Departure Order with no objections from the defense.

March 1, 2012, the original date set for the pre-trial, however due to the extent of the evidence both parties agreed to set a date for the pre-markings of the evidence. All suspects were present except Ramgen's sister, RB, who is in abroad.

That day, RJB said in an interview that although RB was not present, he is ready to face the case. "We can do it. We can find justice for my brother and my family." [38] He said.

March 15, 2012, the next pre-trial set date. The public prosecutor is not present and was rescheduled again on March 19, 2012. March 19, 2012, 'all pre-marked evidence accepted'.

Ocular: The prosecution and defense agreed to have an ocular inspection at the crime scene which was set on April 10, 2012, however due to some lapse [39] the ocular was reset on April 17, 2012.

April 17, 2012, the ocular 'pushed through' with Janelle Manahan reenacted the events that transpired. Also, the court did a walk-through around the house and measured the distance from the village gate.[40]

Trial

The trial for the petition for bail started May 2, 2012. A total of 7 prosecution witnesses aired their sides for the supposed crime.


Petition for Bail

All accused, except for RB, filed a Petition for Bail to ask the court for their temporary liberty since the prosecutor didn't recommend any bail for all of the accused.

It was ruled that, “As a general rule, a person in custody shall, before final conviction be entitled to bail as a matter of right." [41] When evidence of guilt is strong, a person shall not be entitled to bail if charged with a capital offense or with an offense that under the law is punishable with reclusion perpetua at the time of its commission and at the at the time of the application for bail.

From the foregoing, it is clear that it is jurisprudentially settled that before conviction of an offense punishable by death, reclusion perpetua, or life imprisonment, when evidence of guilt is NOT strong, bail becomes a matter of right.

Prosecution Witness

'Testimony date: May 2 and 21, 2012'

Senior Police Officer 4 (SPO4) Bayoca, one of the police officers who apprehended the two (2) accused, RFT and MJN. [42]

He only testified that he was part of the team who arrested the two (2) accused. Also, that he was present during the 'interrogation' of the star witness, Ruel Puzon. [42]

  • Second witness of the prosecution is Ruel Puzon
'Testimony date: June 5, 19, July 17, July 24, and Sept. 18, 2012'

Ruel Puzon, the star witness of the prosecution, revealed a lot of allegations regarding the death of Ram Revilla. [43] However, said fact that he does not have any personal knowledge as to what transpired on the evening of Oct. 28, 2011, just the failed attempts. [44]

He testified that on Oct. 12, 2011, he was visited at his home by suspects GV, MJN, NDR and a certain "Brian", while inside a vehicle, the four supposedly narrated their foiled attempt to kill Revilla that morning. He said that on early morning of Oct. 12, MJN and RFT went to the home of Revilla in BF Homes, Parañaque City allegedly to kill Revilla. However, the attempt failed since when the gunmen knocked on Revilla's room they heard a gun cock then they aborted the plan. [43]

That same day, he also allegedly witnessed the act of this certain "Brian" commanding RFT to return the .45 caliber gun since he will be replaced. He said, he witnessed the gun being returned to NDC, however upon cross-examination in court, he changed his answer, that he saw the gun being returned to "Brian".

And on Oct. 14, 2011, MJN went to Puzon's house and then called a person called as "Brian" to ask for money. Moments after, "Brian" arrived with an 'unidentified male' with money amounting to P19,000 [43] , which turned out to be RJB.

And on Oct. 17, 2011, MJN, "Brian", and Puzon went to Revilla's residence to do some surveillance Puzon told police investogators that this "Brian" allegedly called up RJB to ask for Revilla’s plate number. [43] However, in his testimony in court, he changed the persons he was with, instead of being with MJN and "Brian" he is now with NDC and "Brian".

And finally, on Oct. 19, 2011, this was the 'last meeting' with Puzon. Puzon testified that after this alleged meeting the group never contacted him ever again, even after that he should be the replacement gunman. [43] When the judge find some of what he is saying hard to believe he asked the witness, "are you lying?" [45]

Puzon told the police that the gunmen, RFT and MJN were to be paid Php 200,000. And GV and NDR's role was to monitor the movements of Revilla. [43] He also stated that he was only doing this as an act, that he has no intention to be the replacement gunman, that he will only swindle the money given to him. However, after his giving his testimonies and statements it somehow revealed to have a lot inconsistencies. He also testified that he received a "Christmas gift" worth Php 15,000 from Chief of Intelligence of the Parañaque Police, Police Chief Inspector Ferjen Torred last Dec., 2011. [46]
  • Third witness of the prosecution is Ronald Flores Ancajas, the guard and aide of Ram Revilla.
'Testimony date: Sept. 4, 2012'

He testified that on the night of the murder of Revilla, that he never heard anything as he was sleeping. And that he allegedly only noticed Revilla's siblings RJB and RB walking towards the village's exit, walking just meters apart. [3] [47]

However, it was revealed during the ocular inspection last April 17, 2012 that it is 'physically impossible' [48] to see from his room people walking towards the village's gate. And he was just awaken by the security guard of the village, Niño Tabada, at around 12:40am when the body of Revilla was sent to the hospital (page 56 [49]). He also testified that he received reward money in part of the Php 500,000.

  • Fourth witness of the prosecution is Dr. Dominic Aguda, the medico-legal officer who performed Revilla's autopsy and other examinations.
'Testimony date: Oct. 9, 2012' [50]
  • Fifth witness of the prosecution is Janelle Manahan, the 'former girlfriend' of Revilla.
'Testimony date: Oct. 23, Nov. 6 / Dec. 6 (Reset) - Manahan is allegedly in Europe, Dec. 11, 2012, Feb. 26 (Reset) - Manahan is absent [51] , March 19 (Reset), March 26 (Reset) - Manahan is absent and April 2, 2013'

On Oct. 23, 2012, Manahan just narrated what happened during that fateful night and also detailed some possible motives of the principal masterminds. [52] She detailed that Revilla hurts his siblings and that she is also a battered girlfriend. [53]

Manahan said he only implicated the siblings as according to what she noticed that she failed to discern any emotional manifestations on the siblings. [54].

  • The sixth witness of the prosecution is Sheridan Embat (Embat)
'Testimony date: Nov. 20 and Dec. 4, 2012'

The prosecution said that this witness was the first principal "connector" between the middleman "alias Brian" and the gunmen.

A lawyer of the defense said that Sheridan Embat should also be charged since he admitted that he is an accessory to the crime. [55]

In the affidavit he submitted to Assistant City Prosecutor Leah Roma, Embat claimed that he and RP met on Sept. 26, 2011 [55] at a birthday party. [56]

He alleged that RP asked him if he knew a hitman, and right then and there he gave RFT's number. [56]

On Oct. 12, Embat said that he was present when Pastera gave Php 50,000 to RFT to buy the equipment he needed for killing Bautista, including a motorcycle. [56]

He said that he was promised to be paid Php 200,000.00 as a finder's fee and Php 800,000.00 up to Php 1,000,000.00 for the hired killer/s [55]. Although after giving details of the said "gunman" he does not know anything anymore after he gave the number of the said gunman. He volunteered to be a witness as he was bothered by his conscience.

  • The seventh and last witness 'in regards to the petition for bail' of the prosecution is Niño Tabada.
'Testimony date: March 12 and 19, 2013'

As per Niño Tabada's (Tabada) recollection in his statements [57] and testimonies [49]. [58].

Niño Tabada, one of the security guards of the village where the crime happened. He said he was a roving guard from 8:00pm to 8:00am on Oct. 28, 2011 (Page 1, No. 5 [57]). He said he conducted roving at 10:00pm inside the village that night and ended at 10:45pm (Page 17 [49]). And when he was returning to his post he allegedly saw RJB going towards the village's exit (Page 19 [49] ) he said, he was "weird" and wearing a long sleeves and maong jeans (Page 3, No.29 [57]). He saw RJB going out at exactly 10:54pm (Page 3, No.23 [57]). The ordinary long sleeves looks like fatigue, green, fitted and looks like a corduroy (Page 23 [49]).

He said the patrol mobile of the police came at 12:15am, (Page 1, No. 9 [57]). since someone called 117. They proceeded to the house and went to the maid and driver's quarters where the aide of Revilla resides, Ronald Ancajas, however he is 'still fast asleep' (Page 54 [49]) despite the noise they created by slamming the gate and shouting (Page 2, No.11 [57]) then they proceeded upstairs since they heard a voice of a female asking for help (page 53 [49] ). Ancajas was awaken at around 12:40am by Tabada (page 56 [49] ). He also witness Ancajas coming in the village at around 9:30/45pm with a plastic bag (Page 58/59 [49] )

According to his sworn statement from the police dated Oct. 29, 2011 and when subjected to cross examination by the defense, his credibility shattered when he admitted that he did not 'really conducted a roving activity within the village'. (Page 4, No.38 [57]) He also testified that he received Php 20,000 and an additional Php 5,000 after his testimony (Page 29 [58]).

Formal Offer of Evidence (Prosecution)

Photos are court documents wherein the court admitted the formal offer of evidence of the prosecution.

Timeline

Filmography

Film

Year Title Role Notes
2004 Anak Ka ng Tatay Mo - First movie appearence
2005 Exodus: Tales from the Enchanted Kingdom - Credicted as Ramboy Revilla
2007 Resiklo Council 3 Credicted as Ramgen Revilla/Last movie appearence

TV shows

Year Title Role Note Network
2007–08 Kamandag Harn Recurring Role/First TV appearance GMA Network
2010 Agimat: Ang Mga Alamat ni Ramon Revilla: Tonyong Bayawak Jeff Gatdula Recurring Role/Last TV appearance ABS-CBN

References

  1. ^ Manilla Bulletin: Ram Revilla's interment set
  2. ^ Ram Revilla killed
  3. ^ a b c d e f g Ram Revilla Murder Case
  4. ^ Case handled by Judge Madrona
  5. ^ Ramgen Revilla case and court of public opinion
  6. ^ Ram Revilla murder Case closed
  7. ^ Revilla case suspects
  8. ^ Raps vs Ramgen's sister and husband junked
  9. ^ Interpol Red Notice
  10. ^ Ramona in Turkey
  11. ^ a b c Ram Revilla Murder Case details
  12. ^ Philippines Inquirer: Son of former Sen. Ramon Revilla Sr. killed in Paranaque
  13. ^ Janelle Manahan shot 2 times
  14. ^ Ram Revilla shot with a .45 caliber
  15. ^ Going to PMA
  16. ^ a b c d e f g h i j k l m n o p q [December 11, 2012 at 8:30am, Transcript of Stenographical Notes (TSN): 123 pages]
  17. ^ a b c Janelle's side
  18. ^ Ram wrestled with assailant
  19. ^ Suspect's hand hit by the door
  20. ^ Ramona tried to help
  21. ^ Revilla's brother arrested
  22. ^ Dispute over 1 million
  23. ^ Financial dispute
  24. ^ Revilla denied 1m allowance
  25. ^ RJ's arrest illegal
  26. ^ Suspect surrenders to NBI
  27. ^ Visda and dela Cruz in Police custody
  28. ^ v=dXFB6H135Qk Video showing Sec.Robredo admitting PNP lied
  29. ^ Pastera denies allegations
  30. ^ Third sibling implicated in Revilla's murder
  31. ^ People vs Rodas. 531 SCRA 554
  32. ^ R.R. Paredes vs. Calilung. 517 SCRA 369.
  33. ^ People v. Asis, G.R. No. 191194, October 20, 2010
  34. ^ People v. Carillo, 77 Phil. 579
  35. ^ People v. Yturriaga, 86 Phil. 534
  36. ^ Valenzuela v. People, G.R. No. 149988, August 14, 2009, 596 SCRA 1, 10-11.
  37. ^ People v. Amodia, G.R. No. 173791, April 7, 2009, 584 SCRA 518 citing People v. de Leon, G.R. No. 128436, December 10, 1999, 320 SCRA 495, 505.
  38. ^ "We can do it. We can find justice for my brother and my family." RJ said.
  39. ^ Ocular reset over lapse
  40. ^ Ocular pushed through
  41. ^ People vs. Presiding Judge, RTC Muntinlupa City [Br. 276] 431 SCRA 391
  42. ^ a b Charlie Bayoca incompetent
  43. ^ a b c d e f The murder's timeline based on witnesses
  44. ^ Puzon no personal knowledgeno
  45. ^ Judge's asked witness "are you lying"
  46. ^ Revilla witness just in for the money
  47. ^ Ancajas allegedly saw siblings walk out
  48. ^ Ocular pushed through
  49. ^ a b c d e f g h i [People of Phils. vs RJB, et. al., March 12, 2013 at 8:30am, Transcript of Stenographical Notes (TSN): 63 pages]
  50. ^ Medico-Legal details Ram's wounds
  51. ^ again
  52. ^ became emotional
  53. ^ Manahan says she was a battered gf
  54. ^ No sign of emotion
  55. ^ a b c Embattle should be charged
  56. ^ a b c Sheridan Embattle statement
  57. ^ a b c d e f g Sworn Statement of Niño Tabada, taken last Oct. 29, 2011 by Police Officer 2 Encallado, 4 pages
  58. ^ a b [People of Phils. vs RJB, et. al., March 19, 2013 at 8:30am, Transcript of Stenographical Notes (TSN): 62 pages]

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