Criminal raps vs hotel owner, lawyer, and 4 others dismissed

By Dolly Yasa

 

BACOLOD City – A Regional Trial Court here dismissed for lack of evidence the murder and frustrated murder charges filed by Atty. Erfe Del Castillo against businesswoman Kate Brios, lawyer Jomax Ortiz, Lt. Col. Richie Yatar, PO3 Ronald Ortiz, SPO2 Joshua Barile, P/ Inspector James Adrian Albaytar and one John Doe.

The case stemmed from what Del Castillo claimed was an ambush against her and her fiancé, a former policeman, on Dec 21, 2018.

Del Castillo, who is currently an assistant provincial prosecutor in Negros Occidental, survived the alleged ambush but her fiancé died.

In a decision released Oct.16, 2020, RTC Branch 52 Presiding Judge Eduardo Sayson said that “considering insufficiency of accusatory evidence that would approximate the findings of probable cause to issue warrant of arrest, the above entitled cases are hereby deemed dismissed.”

Del Castillo claimed that she arrived at the Bacolod Silay airport at around 10:30 pm of Dec 21, 2018 from Manila after about a three-hour delay in her flight.

She said she was picked by her fiancé and ex-policeman Efren Palmares Jr. who drove a Porsche Sports car.

Del Castillo said she noticed an old SUV drive ahead of them and around 10:45 p.m. at the Airport Access Road and intersection of Ramon Magsaysay St. in Barangay Matab-ang, Talisay City, she noticed on the sidewalk three police officers of Bacolod City – Yatar, Abaytar, Ortiz and some other people.

She further claimed that after crossing the intersection, the SUV blocked their vehicle and she heard sounds like stones being thrown at her side.

She saw an unnamed bodyguard of Ortiz in front of their car holding a long firearm and shooting at her direction, then she heard more shots and their car spun several times until it stopped on the other side of the road.

Del Castillo further claimed that moments later, she saw Ortiz with a flashlight, opened the driver’s door and heard him utter “patay na” (They’re dead) and SPO2  Joshua Barile answered “hambala si Madam” (Tell madam).

Del Castillo named 11 respondents, including several John Does and Jane Does, as conspirators of the ambush:

Catherine Berioso Cabuga or Kate Brios

Shirley Berioso-Ortiz

Caselyn Berioso- Ortiz

PO3 Ronald Ortiz

Atty. Jomax Ortiz

P/CSupt. John Bulalacao

P/ Supt. Francisco Ebreo

P/Supt. Richie Yatar

P/SInp. James Adrian Abaytar

SPO2 Joshua Barile and

Dolly Yasa

Del Castillo theorized that the conspiracy stemmed from a hotel standoff on Nov 19 to 21, 2018 on 6th Street here.

She claimed that the ambush was orchestrated by accused Cabuga and implemented by police officers of PNP Bacolod City and with the blessing of PNP Regional Office head P/CSupt. John Bulalacao.”

Court documents further stated that on Feb 4, 2019, NBI Regional Office-6, which initially investigated the case, dropped the charge against Bulalacao for insufficiency of evidence.

On May 3, 2019, Marie Crystal Mae Vega-de la Serna, assistant city prosecutor of Talisay City, also dropped the charges against Ebreo, Yasa, Shirley Berioso, and Caselyn Berioso-Ortiz for lack of probable cause.

But the six accused and one John Doe were indicted, and the two information were accordingly filed in court on May 7, 2019.

The document ordered the public prosecutor to submit additional proof such as Scene of the Crime Operative (SOCO) report, police investigation report, and sworn affidavits of the witnesses in the vicinity at the time of the incident.

The court decision said “this was partially complied.”

The court decision further stated that accused Atty. Jomax Ortiz and Police Officer Yatar moved for the suspension of the proceedings dated May 16,2019, arguing that the complaint filed by del Castillo was a mere afterthought and anchored solely on the controversial Metro Inn stand-off.

In addition, the two claimed that the NBI investigation based solely on mere allegations of del Castillo without proof of participation to the conspiracy of each accused.

The NBI acted as counsel of del Castillo and never conducted a fair and impartial investigation, they said.

The decision further said that the accused submitted compliance and manifestation dated January 17, 2020, indicating that Atty. del Castillo in a press conference on Sept 23, 2019 or eight months after the alleged ambush, obscured her version of the incident with a new twist of revelation.”

She suddenly mentioned Clarence Dongail, a New Bilibid Prison inmate and her former client, in cahoots with Edgar Millama, an alleged gambling personality, and Grace Constantino (alleged wife of Dongail) as persons responsible for the ambush.

This baffling move reveals the frame of mind of Atty. del Castillo, court documents stated.

She is fond of making wild and baseless accusations without regard to the damage caused to the innocents she implicated, it added.

Sayson further wrote that “this brings us back to square one.”

The evidence at hand proffered by lone witness Atty. Erfe del Castillo is obviously insufficient for the undersigned to come up with the required findings of probable cause to issue warrant of arrest.”

In dismissing the case, Sayson cited in his decision that “it now appears the December 21, 2018 ambush was also triggered by a more complicated and serious crimes involving drugs, gambling and illegal possession of explosives.”

“To further complicate matters, also dragged into the mix was the alleged rift  between Governor Marañon and high ranking PNP officers and the prominent personality from the south that resulted into simmering conflict between PNP hierarchy and the local NBI (National Bureau of Investigation).”