THE Court of Appeals (CA) has acquitted former Oriental Mindoro congressman Jose Villarosa and three others of the double-murder case filed against them in connection with the killing of the two sons of his political rival, Ricardo Quintos, on December 13, 1997.

In a 118-page decision penned by Associate Justice Noel Tijam, the CA’s Fifth Division “affirmed in part and reversed in part” the February 3, 2006, ruling of Branch 81 of the Regional Trial Court in Quezon City convicting seven individuals, including Villarosa, for the murder of brothers Michael and Paul Quintos.

It noted that the killing of the Quintos brothers was not politically motivated but may have something to do with the feud between the Quintos family and their farmers who have been asserting their claims over the Golden Country Farms Inc. (GCFI).

The appellate court affirmed the lower court’s decision insofar as it found guilty beyond reasonable doubt accused-appellants Eduardo Hermoso, Manolito Matricio and Josue Ungsod of two counts of murder, qualified by treachery, with aggravating circumstance of evident premeditation.

The CA also modified their penalty from death to reclusion perpetua, or a maximum of 40 years in jail, for each count of murder owing to the abolition of the capital punishment.

“Conspiracy, having been established, accused-appellants Hermoso, Matricio and Ungsod shall each suffer a threefold penalty of reclusion perpetua for each count of murder,” the CA said.

It, likewise, ordered the three to jointly pay the Quintoses the amount of P728,464 as actual, moral and exemplary damages.

The court noted that there was an animosity between the Quintos family and the farmers who have laid their claim as beneficiaries of the GCFI farm that triggered the killing.

Hermoso admitted that the land he was tilling was owned by the Quintos family and was given to him through the agrarian-reform program of the government, but has yet to be transferred to his name.

Matricio, on the other hand, was an officer of the Samahang Magsasaka ng Kanlurang Mindoro, composed of farmers who have been fighting for their rights over the lands they are tilling. Ungsod was a member of the said group.

“There have also been allegations of abuses committed by Ricardo Quintos against the farmers…taking these circumstances together with the other evidence pointing to accused-appellants Hermoso, Matricio and Ungsod as the culprits, this court is convinced that they had a sufficiently plausible motive to kill the victims,” the CA said.

The appellate court, on the other hand, acquitted and ordered the release of Villarosa, Ruben Balaguer, Gelito Bautista and Mario Tobias for lack of evidence to establish their guilt beyond reasonable doubt.

It also enjoined the director of the New Bibilid Prisons (NBP) to inform the court whether Villarosa, who is reportedly suffering from lung cancer, is still confined at the Makati Medical Center or had been returned to the NBP.

In acquitting the appellants, the CA noted that the circumstantial evidence relied upon by the lower court in convicting Villarosa and the three other appellants consists merely of familiarity and motive which are “insufficient” to conclusively establish a connection between the former congressman and the murder of the Quintoses.

Such circumstantial evidence, according to the CA, was not even enough to corroborate the extrajudicial confession of Hermoso linking Villarosa in the Quintoses’ murder.

Hermoso claimed that Villarosa conspired in the killing of the Quintos brothers when he took part in the October 7, 1997, meeting in a bodega in Sablayan, during which the murder was planned.

However, the court noted that the House of Representatives’ Journal 23 dated October 7, 1997, showed that Villarosa was in Congress from 5:15  to 7 p.m. on October 7, 1997, defending a bill he sponsored.

The appellate court stressed that the Journal corroborated Villarosa’s claim that he was a long way from Mindoro when the supposed meeting took place.

“The burden of proving and establishing the guilt of the accused rests on the prosecution. Their conviction must be based on the strength of the prosecution evidence and not on the weakness of the defense. In this case, we are constrained to conclude that the prosecution has not discharged its burden sufficiently, with respect to accused-appellants Villarosa, Balaguer, Bautista and Tobias,” the CA said.

The CA noted that Hermoso’s extrajudicial confession linking Villarosa, Balaguer, Bautista and Tobias was not sufficient to support their conviction. The appellate court noted that such confession should be corroborated by independent evidence which could prove their guilt beyond reasonable doubt.

The CA further said that it is constrained to exculpate Villarosa and the three other accused, considering that even the Office of the Solicitor General admitted in its manifestation that the prosecution failed to discharge its burden of proving their guilt beyond reasonable doubt.

“The political dispute between Villarosa and Ricardo Quintos, or Villarosa’s association with Matricio, did not place Villarosa in the conspiratorial meetings or in the scene of the crime. Indeed, the prosecution presented no independent physical or testimonial evidence that could connect Villarosa to the crime or its preparatory stages,” the CA noted.

Villarosa’s lawyer Estelito Mendoza welcomed the CA’s decision, saying that “it’s a well-deserved win” since the prosecution failed to present evidence during the trial that could have convicted him.

But Mendoza noted that the violation of his client’s right to be presumed innocent until proven guilty has been highlighted by the CA ruling.

Mendoza said the National Bureau of Investigation (NBI), which investigated the case, had already a preconceived notion that Villarosa was responsible for the killing of the Quintos brothers, which led them to focus their efforts on him.

“All of those involved in criminal cases, from the Supreme Court to the prosecution, should be able to solve this problem,” Mendoza said.

Concurring with the ruling were Associate Justice Martin Villarama and Sesinando Villon.

Court records showed that the Quintos brothers were attending a friend’s birthday part on Del Pilar Street, barangay Cinco, Mamburao, Occidental Mindoro, when they were fired at by the accused.

Michael and Paul died of multiple gunshot wounds in the body.

Villarosa acquitted of Quintoses killing

THE Court of Appeals (CA) has acquitted former Oriental Mindoro congressman Jose Villarosa and three others of the double-murder case filed against them in connection with the killing of the two sons of his political rival, Ricardo Quintos, on December 13, 1997.

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