Sandiganbayan Ruling On Ninoy Assassination
Sandiganbayan Ruling On Ninoy Assassination
Sandiganbayan Ruling On Ninoy Assassination
SPECIAL DIVISION
D E C I S I O N
HERMOSISIMA, J.:
How true! since then, and even up to this day, the nation
suffered as a result of this barbarity and inhumanity. For, in the
eyes of the world, then, the Filipino had committed political 'hara
kiri.'
And as accomplice:
(1)Hermilo Gosuico.
For taking the life of Rolando Galman, the same persons were
respectively charged as principals, accessories, and accomplice as in
the killing of Senator Benigno S. Aquino Jr.
AMENDED INFORMATION
The understand accused –
(35)John Does
Accused –
(3)John Does
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who are hereby charged as ACCESSORIES, in the same offense, MURDER;
all public officers, having been duly appointed and discharging their
respective duties as such, and committing the offense in relation to
their public position, and having knowledge of the commission of the
crime, and without having participated therein either as principals
or accomplices, take part subsequent to its commission by concealing
or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery;
and accused –
(1)Herminio Gosuico
(2)Jose D. Aspiras
(3)Jesus Z. Singson
(4)Gregorio Cendana
(5)JOHN DOES
CONTRARY TO LAW.”
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“AMENDED INFORMATION
(3)John Does
and accused –
(1)Hermilo Gosuico
(2)Jose D. Aspiras
(3)Jesus Z. Singson
(4)Gregorio Cendana
(5)John Does
CONTRARY TO LAW.”
All of the accused were accounted for, except for Maj. Gen.
Fabian C. Ver, the latter having left for the United States with
President Ferdinand E. Marcos and his family; Minister Gregorio
Cendana; and Capt. Felipe Valero, the latter two having remained at
large.
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Fourth. The prosecution brought the cases up for review and the
Supreme Court handed down a decision ordering a retrial on September
12, 1986, nearly one year after the promulgation of the judgment of
the Pamaran Court.
Sixth. Trial was actually started before the present Court only
on April 28, 1987.
Ninth. The trial had bogged down much too often because the
partied had at every turn brought up to the Supreme Court, for review
on certiorari, mandamus or prohibition, matters interlocutory in
character, simply to cause delay.
Twelfth. While oral argument was set for August 13, 1990, the
parties opted to waive it, and so were allowed to file memoranda on
or before August 17, 1990.
The tragic demise of Senator Benigno Aquino Jr. has been proven
by the Certificate of Death, Exhibit NNNN-2-V-24, issued by Dr.
Mamerto P. Santos. The fact of death is thus a matter beyond cavil.
169.0 cm
Length Weight
*****
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REMARKS: Three (3) pieces of metallic fragments recovered;
submitted to
Firearms Investigation Section, NBI for
ballistics examination.
Linear scar, running along midsternal like,
anterior aspect, chest.
*****
Submitted by:
Pedro O. Solis
Deputy Director, Technical Services”
“Q: Did you agree with the findings of Dr. Munoz insofar as the
trajectory of the bullet is concerned?
“A: Aside from the fact that the wound of entrance was
higher than the chin wound, he also sort of told us that
there was a crescentic burn on the wound of entrance,
that is on the superior aspect of the entry wound, and that
also was consistent with a downward trajectory.
Q: With a downward….
A: Downward trajectory.
A: The two. The first one is that the point of entry was
higher than the point of exit.
Couple with that was a crescentic burn on the skin or of
the collar. It was wider on the superior aspect, so that
appeared at the time to be consistent with the downward
trajectory.” (Dr. Billote, TSN, pp. 28- 29, September 15,
1987).
The muzzle of the fatal gun was between three (3) nches and five
(5) inches from the wound of entrance considering that there was no
burning at the point of entry (burning can take place only if the
muzzle of the gun is fired at a distance of less than three (3)
inches and the area of the tattooing was limited.
The fact that there was found a fracture of the petrous bone is
not necessarily indicative of the theory that the main bullet passed
through the petrous bone and went downward towards the mandible.
“Q Does that explain why the back for example is not stained
with blood?
Plan ALPHA – Boarding party will escort former Sen. Benigno Aquino Jr
to exit thru the tube, to the remote holding room to the SWAT van.
Plan BRAVO – Boarding party will escort former Sen. Benigno Aquino Jr
to exit thru the bridge stairs to the SWAT van.
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OPLAN BALIKBAYAN had set down the following tasks of the group
commanders of four (4) groups organized to carry out its objectives:
Team ALPHA, under Capt. Felipe Valerio, with nine (9) soldiers,
was to fetch Sen. Aquino from the plane and ferry him to Fort
Bonifacio.
Teams BRAVO and CHARLIE, under 1Lt Ibar Padao, with seven (7)
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soldiers each, were to provide security at the rear section of
the aircraft, prevent unauthorized persons from entering
the area, and extend tactical support to team ALPHA.
IMPLAN SALUBONG, under Lt. Col. Avelino Abiol, with the total of two
hundred forty-five (245) officers and men, was to provide security in
designated areas in the Manila International Airport complex.
IMPLAN SAWATA, under the command of Lt. Col. Nemesio Sigaya, with
twenty-five (25) officers and eight hundred twenty-one (821) men, was
to provide route security, maintain orderly vehicular traffic along
the route, and conduct control operations to neutralize unruly
crowds.
CAL Flight CI- 811 landed at exactly 1:04 P.M. and berthed at
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Bay 8, West Satellite, MIA. As soon as the plane landed, the
passengers of the plane were ordered to remains eated until the
arrival of the boarding party. The Order in this regard came directly
from Brig, Gen. Luther A. Custodio by radio.
When the plane had properly landed, 2Lt. Jesus Castro, Sgt.
Arnulfo de Mesa, Sgt. Claro L. Lat, CIC Mario Lazaga, CIC Rogelio
Moreno, of the boarding party, and Sgt. Felomeno Miranda, Sgt.
Reynaldo Pelias, T/Sgt. Armando dela Cruz, AIC Aniceto Acupido, Sgt.
Onofre Danao, AM Alejandro Febrero, of the covert security
operations, and T/Sgt. Clemente Casta were already inside the movable
tube of the airbridge.
Sgt. Arnulfo de Mesa, Sgt. Claro L. Lat, CIC Mario Lazaga and
2LT Jesus Castro went inside the plane in order to look for Sen.
Benigno Aquino Jr., while CIC Rogelio Moreno and Filomeno Miranda
were left at the doorway of the plane. T/SGT. Clemente Casta went
inside the plane for some reason. Filomeno Miranda joined the
boarding party upon the bidding of 2Lt Castro. After Sen. Benigno
Aquino Jr was pinpointed from among he many passengers, the team
invited the senator to go with them. Sen. Benigno Aquino Jr. stood up
and the boarding team steered him towards the plane door.
The foreign journalists who were with the senator had tried to
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follow the senator but were physically prevented from doing so.
Sen. Benigno Aquino Jr. was forcibly steered towards the exit
door at the movable tube and led down the bridge stairs. Sgt. Claro
Lat went slightly ahead of the senator but held on to the senator's
right arm. Sgt. Arnulfo de Mesa walked slightly behind the senator
but was holding on to the senator's left arm. CIC Rogelio Moreno was
walking at the back right of de Mesa but was directly behind the
senator. Sgt. Filomeno Miranda was following Moreno. CIC Mario Lazaga
was two steps behind Sgt. Miranda. Way behind the group were 2Lt
Jesus Castro and Capt. Romeo Bautista.
Several seconds after the movable tube door was closed, a shot
was heard. Asfter an interval, three or more shots followed. Then,
pandemonium broke loose because there were heard successive bursts of
gunfire.
When she returned to her seat, which was at the right side of
the plane but about three rows ahead of Sen. Aquino's seat, she told
Arilinia Santos, her traveling companion, that she would like to take
a photograph of Sen. Aquino. After she obtained the senator's
permission, she got her camera and took a picture of Sen. Aquino and
Arilinia Santos.
When Quijano reached the first class section, she realized that
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some men in polo Barong had blocked the plane's door and were pushing
her back. Since she could not get through the exit door, she
hurriedly went to one of the windows between the left wing of the
plane and the airbridge. From the window, she saw that Sen. Aquino
was being held by soldiers and was already led down the lower fourth
portion of the bridge stairs. Sen. Aquino was in between two AVSECOM
soldiers. The soldier at the right held the right arm of the senator,
walking slightly ahead, while the one at the left was holding the
left arm of the senator, walking slightly behind.
Another soldier in khaki uniform who was behind Sen. Aquino held
a short gun, aimed it at the nape of the senator- and it was then
that she heard a shot. She consequently shouted and was about to run
towards the economy section where Arilinia was, but the latter yelled
at her to drop to the floor. A series of gunshots were fired. Instead
of heeding her friend's advice, she peered again through the window
and she saw several men in blue overalls pointing their long firearms
at the tarmac.
At that time, she was already crying because she thought that
Sen. Aquino who was already lifeless was still being riddled with
bullets. She added that she took out her camera to take pictures of
the scene but she failed because she realized that her camera had no
more film.
She was about to tell reporters that she actually saw a military
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man shoot Sen. Aquino but a man in T-shirt, who later was identified
as Col. Vicente Tigas Jr., apparently seeing her being besieged by
reporters, moved rapidly towards her and the newsmen. Col. Tigas held
her tightly by the shoulder, and whispered to her: “Huwag kang
maingay, kung hindi mapapahamak ka.”
Sen. Aquino's body was carried into the van by two AVSECOM SWAT
soldiers, while another soldier at the bumper of the van continued to
fire shots at Galman. Then the AVSECOM van sped away, leaving behind
the bullet-riddled body of Galman.
One such PAL Aircraft Technician as Mario Laher Jr. is given the
responsibility of making incoming aircraft on international flight
safe from aircraft flight deterioration and defects, such as dents,
cracks, and bird strikes. The aircraft technician does what is termed
as “360-degree check.”
At 11:30 a.m. of August 21, 1983, Mario Laher Jr. reported for
work. When he entered the side gate where PAL employees used to pass,
he had a hard time getting inside the MIA because security was very
tight. A showing of one's identification card was not enough
identification for entry. The employee's purpose in entering MIA was
inquired into and the employee's features were matched with his ID
picture. AVSECOM soldiers, the airport police, and security guards
guarded the gate.
Since his assignment was with the Royal Air Brunei, he proceeded
to Bay 7 where the Royal Air Brunei was docking. Alexander Dagani was
paired with him in this assignment. As soon as the Royal Air Brunei
plane arrived at about 1 p.m., Mario Laherh Jr conducted the usual
“360-degree check” of the aircraft. He started from the right of the
nose of the aircraft and from there saw that the China Airlines plane
was berthing at Bay 8, around 40 meters from Bay 7.
Shortly after CAL Flight CI -811 was airborne and the fasten
seatbelt sign had been turned off, the media people went to Sen.
Aquino and asked for another interview. When the senator agreed, they
all repaired to the back of the plane where a conference could be
held more conveniently. Photographs and TV films were taken. in the
context of many reporters' questions as to whether he though he would
be safe in returning to Manila against the advice and the wishes of
the government. Sen. Aquino candidly acknowledged to them that he had
provided himself with a bullet-proof vest to protect him against any
threat to his life.
When the China Airlines Flight CI-811 had stopped taxiing, some
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of the passengers got up and tried to get their baggage from the
overhead racks, thinking that they would be able to leave. An
announcement over the plane's public address system, however, asked
the passengers to remain seated for 10 minutes. some passengers sat
down, while the others chose to remain where they were. After a
while, three soldiers in khaki uniforms entered the plane. The
soldier who was ahead of them passed by Sen. Aquino. Obviously, he
did not recognize Sen. Aquino. The second soldier motioned to the
first that he had spotted the senator. The three soldiers then stood
in the aisle and, when Sen. Aquino extended his hand, the soldiers
all shook hands with him. At the soldiers' bidding, the senator got
up and went out with the. Then she, together with the other reports
and the camera crew, tried to follow Sen. Aquino and his escorts. She
tired to stay as close as she could to keep him within sight but
there were two camera crew before her.
She was never able to get to the door because the men in white
polo Barong were blocking the door. Her tape recorded all sounds and
noise, including the sounds of thje pushing and shoving of the people
trying to get out, and some voices of various people.
From the tape recorder which she left on when Sen. Aquino was
led out of the door, she reckoned that the senator could have been
shot on the stairway. This was because, from the time he was escorted
out into the service stairway, barely 10 seconds elapsed when the
first shot rang out.
The body that he saw lying on the tarmac with a light attire was
the very person he had seen going down the bridge stairs. That body
was lifted and then thrown into the van. Considering the manner by
which the body was loaded, Ildefonso Torres and he had thought that
what was thrown into the van was just a mannequin.
Sgt. Claro M. Lat who uttered the first phrased, “Ako na!”
CIC Mario Lazaga was the one who uttered the word, “Ya.”
The pneumatic original tape, Exhibit L8, and the Exhibits L8-1
and L8-2 form the bases of the findings and analyses of Dr. Suzuki.
From the sounds on the stairs heard in the foregoing tapes, the
sounds of the footsteps of Sen. Aquino and the soldier escorts, Dr.
Matsumi Suzuki made the conclusion that, when the explosion of the
gun which killed Sen. Aquino was heard, Sen. Aquino was at the 11th
rung of the bridge stairs because the footsteps could be heard only
up to the 11th step. Sounds were heard, however, which indicated that
the senator could have jumped from the 11th step to the 15th.
She saw Hermilo Gosuico sometime in July 1983 when, upon the
request of Rogelio Taruc, their neighbor, Hermilo Gosuico offered to
give her and her stepbrother Reynaldo a lift on their way to their
school, the San Miguel High School. They rode on a blue pickup driven
by Boy Gosuico himself.
Since Aug. 17, 1983, the day Col. Arturo Custodio and Hermilo
Gosuico went to their house and fetched his father, he never saw his
father again. The news about his death had reached him only on Aug.
21, 1983 when his mother heard over the radio that his father was
involved in the assassination of the late Sen. Aquino.
During the Aug. 24, 1987 hearing before this court, Reynaldo
Galman pointed to Col. Arturo Custodio and Hermilo Gosuico as the two
persons who fetched his father on Aug. 17, 1983.
Since the time of the Agrava Fact-Finding Board and even during
the initial hearing of this case, he was already staying in the
residence of Atty. Lupino Lazaro together with Saturnina Galman and
Marilyn Galman, his grandmother and aunt, respectively. It was Atty.
Lazaro who spent for his school expenses. They left Atty. Lazaro’s
residence sometime in 1986.
Even as they were waiting for Sen. Aquino to exit through the
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concrete tube, they heard all of a sudden a burst of gunfire which to
them seemed to have come from the end of the tube. A commotion
ensued, screams were heard, and then successive bursts of gunfire
followed.
The newsmen, coming out of the concrete tube, ran in every which
way. Those who had presence of mind peeped out of the windows and, as
they did, they saw two bodies already lying on the tarmac, that of
Sen. Benigno Aquino Jr and a blue-uniformed unidentified man, later
known to them to be Rolando Galman. Several pictures were taken of
the scene at this point but this constituted evidence post litem
motam.
At this time, he did not notice where the Sister brothers were
as his attention was focused on the guests. Neither did he notice
where Gen. Singson was but he recalls that the general was moving in
and out of the room carrying his two-way radio. Calls were made every
15 minutes until dawn of Aug. 21, 1983.
While he learned that Sen. Aquino was shot that day, eh did not
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report what he witnessed out of fear for his life. However, the other
waiters and he did talk about the matter but no one reproted the same
to the police or the PC.
Before his first trip to Hong Kong on June 15, 1981, he received
specific instructions from Gen. Custodio to make an overseas call if
and when Sen. Aquino would arrive in Hong Kong from the United States
or Canada. Sen. Aquino did not go to Hong Kong as expected. Still
loyal to Sen. Aquino, however, he called up the latter in the United
States and informed him that he was already working for Gen. Luther
Custodio.
He was cautioned by Dr. Lapuz against it, reminding him that his
task was only to infiltrate. Nevertheless, he left for Hong Kong ion
January of the same year. Thereat, he called up an uncle in Canada,
he having failed to contact Sen. Aquino.
Grazing wounds, #2 in number, 0.9 x 0.3 cm. and 0.5 x 0.3 cm.
each located at the right deltoid region and right cubital
region.
Scars, #2 in number, 1.5 x 1.0 cm. and 1.0 x 1.0 cm. each at the
right and left external canthi of both eyes.
Scar, #2 in number, 8.0 cm. and 5.0 cm. each, located at the
right chin, upper third.
The defense holds the contention that it was Rolando Galman who
shot Sen. Benigno Aquino, Jr. from behind with a single bullet from a
.357 magnum revolver and that the senator was hit at the back of the
head while he was already walking on the tarmac two to three steps
away from back of the SWAT van. This theory of the defense is in
direct contrast with the evidence of the prosecution which indicates
that the late senator was shot on the steps of the bridge stairs as
he was coming down from the plane. The accused consequently deny the
charge that they, or any of them, had shot and killed Sen. Aquino in
conspiracy with each other. It is the contention of the accused that,
when Sen. Salvador H. Laurel wrote Lt. Gen. Fidel Ramos on August 18,
1983, seeking government assistance to secure the person of Sen.
Benigno Aquino, Jr. upon his arrival, Gen. Fabian Ver – to whom the
letter was endorsed – immediately instructed Brig. Gen. Luther
Custodio “to provide necessary security measures to protect Sen.
Aquino while at the MIA complex upon his arrival” and “to return Sen.
Aquino to the country of origin on the same aircraft should he arrive
without any travel papers or to return him to his former detention
cell at the Military Security Command in Fort Bonifacio should he
come with travel papers.” In turn, Gen. Custodio ordered Col. Ager
Ontog, his Operations Officer, to draft an operations plan for the
purpose. The plan as drafted by Col. Ontog was approved by Gen.
Custodio and was code-named ‘OPLAN BALIKBAYAN” appropriately
significant of Sen. Aquino’s return to his homeland.
The aide of Brig. Gen. Luther Custodio, Lt. Jesus Castro, was
designated as the head of the boarding party, while Sgt. Claro Lat,
Sgt. Arnulfo de Mesa, Sgt. Rogelio Moreno and Sgt. Mario Lazaga were
designated as members thereof. The boarding party was given the task
of fetching Sen. Benigno Aquino, Jr. from inside the plane to the
place where the team Alpha was supposed to be. According to the plan,
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Team Alpha was supposed to bring Sen. Aquino to the office of Gen.
Luther Custodio at the Villamor Air Base. Metrocom Sgts. Moreno and
Lazaga were assigned as members of the boarding party allegedly for
the purpose of having on board the plane men with police authority,
upon the theory that while as Metrocom troopers Moreno and Lazaga
were invested with police authority, AVSECOM troopers have none.
For his part and in his capacity as team leader of the boarding
party, Lt. Jesus Castro briefed his men on the manner of escorting
Sen. Aquino, Jr. out of the plane. The men were supposed to position
themselves in a V-shape formation, with Sgt. Claro Lat taking the
right front and Sgt. Arnulfo de Mesa taking the left. Sgt. Moreno was
to be immediately behind Sgt. Lat and Sgt. Lazaga was to be
immediately behind Sgt. de Mesa. Lt. Jesus Castro was supposed to be
at the tail end. Sen. Aquino, Jr. was supposed to be in the pocket
portion of the V-shape formation. No member of the boarding party
was supposed to carry firearms allegedly because standard operating
procedure in the Manila International Airport required that no one
should enter an aircraft with a firearm for reasons of security and
the support groups surrounding the plane to be fully armed.
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Defense witnesses impressed upon us with the fact that the team
leaders and the members of each of the aforementioned teams were pre-
selected long before the aforesaid security operations were
conceived, except for the augmentation of the boarding party with
Sgts. Moreno and Lazaga. While one aircraft from the Villamor Air
Base was on stand by for purposes of the Oplan Balikbayan, that plane
was supposed to be used only in ferrying AVSECOM personnel to
different airports just in case Sen. Aquino would slip in
surreptitiously via any of these airports.
At 6:00 o’clock A.M. of August 21, 1983, Lt. Jesus Castro and
the members of the boarding party met as scheduled at the Customs
Immigration and Quarantine Office at the second floor of the MIA
building. Lt. Jesus Castro then made his final briefing to his men.
Sgt. Lazaga, followed by Sgt. de Mesa and Sgt. Lat, entered the
plane. They proceeded to the Economy Section in search of Sen.
Aquino, Jr. Sgt. Lazaga went past the Senator and so Sgt. de Mesa,
recognizing the Senator, called back Sgt. Lazaga. It was Sgt. Lat
who first met Sen. Aquino, Jr. and, as he shook hands with the
Senator, he invited the senator to go with them. When Sen. Aquino,
Jr. stood up and told them that he was carrying a bag with him, Sgt.
de Mesa offered to carry it. Sgt. de Mesa, however, passed it on to
Sgt. Lazaga.
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The Boarding Party members testified that they went down the
stairs at a fast clip allegedly with a view to exposing the Senator
at a shortest possible time. The fact was that they could not go
fast enough because the negotiation of a steep and narrow stairway
consisting of twenty steps by big burly men with a prisoner in tow
could hardly be conducive to a speedy descent. The defense claims
that the V-formation which Lt. Jesus Castro had planned earlier for
the better protection of Sen. Aquino, Jr. had thereby been abandoned
because the stairway which was cordoned at the sides were too narrow.
The Boarding Party and Sen. Aquino allegedly reached the tarmac
and were headed for the SWAT van. When they reached about two or
three steps from the rear bumper of the SWAT van, Sgt. Arnulfo de
Mesa said that he noticed that something brushed his right shoulder
and that, when he looked in that direction, he saw a hand holding a
gun pointing at the head of Sen. Aquino, Jr. He was then at the left
side of the Senator holding the Senator by the arm. Sgt. Claro Lat
was on the Senator’s right also holding Sen. Aquino’s other arm.
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Sgt. Arnulfo de Mesa reacted to the circumstance allegedly by making
an effort to parry the gun but he claims that his reaction had come
too late because a shot had already been fired hitting the Senator at
the back of the head. This, notwithstanding the fact that the gunman
went off-balance, Sgt. Arnulfo de Mesa dropped to the ground and Sgt.
Rolando de Guzman fired at the alleged assailant of Sen. Aquino, Jr.
The alleged assassin’s gun was seen by Sgt. Arnulfo de Mesa to have
dropped beside the assassin and so Sgt. Arnulfo de Mesa picked it up
and ran for cover as more shots were fired at the alleged assassin.
When he met Sgt. Pablo Martinez, the first superior officer he saw at
the scene, he delivered the alleged assassin’s gun to the latter.
The very SWAT van which featured in this incident had come from
the Quick Reaction Center and had gone to the MIA Complex in the
early morning of August 21, 1983. Nineteen (19) officers and men
comprising TEAM ALPHA and TEAM DELTA under the overall command of
Capt. Felipe Valerio were on board it. Capt. Llewelyn Kavinta was
the team leader of Team Delta while Sgt. Rodolfo Desolong was the
team leader of Team Alpha.
They ran out of the tube in every which way, but, while some
newsmen sought for cover, the others peeped out of the holes or
windows at the corridors and took pictures. Col. Tigas himself peeped
out of one of the windows at the corridor leading to Gate 7 and from
there he saw the bodies of the two persons, one dressed in white and
the other in dark clothing. He saw the man in white loaded on the
SWAT van. At a corridor in the vicinity of Gate 7, Robert Sietereales
told Col. Tigas that he noticed from among the passengers who were
exiting, a woman who was crying. Indeed, Col. Tigas saw a woman who
was crying her heart out and had appeared hysterical. He went behind
her, gently touched her shoulder, and asked her what had happened.
The lady turned out to be Rebecca Quijano. Col. Tigas denied having
said, “Huwag kang maingay; kung hindi, mapapahamak ka.” The crowd had
started to gather around them and so Col. Tigas requested Rebecca
Quijano to get into the pre-departure area in order to keep the
corridor free and to avoid the crowd. Rebecca Quijano was very pale
and was trembling and Col. Tigas thought she needed more breathing
space. A certain Miss Santos sat beside Rebecca Quijano. Col. Tigas
repeated the same question “What happened?” “Nakita mo ba? Si Ninoy
ba ang nabaril?” Instead of answering, Rebecca Quijano stood up and
started to walk away. Col. Tigas gave her water to drink and drink
she did.
Lt. Col. Avelino Abiol, then the Squadron Commander of the 801st
Aviation Security Squadron, and designated head of Implan Salubong,
affirmed the testimony of Col. Tigas to the effect that his order was
that media people were restricted from going beyond the remote
holding area, and so when Col. Tigas interceded for media people, he
referred Col. Tigas to MIA Manager Tabuena because only Tabuena had
the authority to allow newsmen to enter the entrance to the West
Satellite. Manager Tabuena allowed only the MIA press corps to go up
to the entrance of the West Satellite.
Also affirmed by Sietereales is the fact that Col. Tigas did not
tell Rebecca Quijano to keep quiet by means of threats. He it was,
instead, who had arranged that Rebecca Quijano be led to the pre-
departure area in order that she would not be hounded any further by
reporters. At the pre-departure area, Rebecca Quijano, after being
given a glass of water had quited down.
In his defense, PAF Lt. Col. Arturo Custodio y Yarza denied the
charge that he had been in the conspiracy with his co-accused in the
killing of Sen. Benigno Aquino, Jr. While the evidence of the
prosecution indicated that it was he who fetched Rolando Galman from
the house of the latter at Bagong Silang on or about August 17, 1983,
in the company of Hermilo Gosuico, he claims that he did not go to
Bagong Silang on that date. It is true that he had known Rolando
Galman even before that date, but the last time he saw Rolando Galman
was in July, 1983. As to the allegation that, on April 16, 1983 he
went to the house of Rolando Galman to attend the birthday
celebration of Rolando Galman, he claims that at the time he was at
the MIA assisting his sister-in-law and two nieces who were then
departing for the U.S. On April 20, 1983, he was in Zaragosa because
he was the principal sponsor of a wedding which took place in the
morning. As a matter of fact, he stayed in Zaragosa up to 2:00
o’clock in the afternoon of August 21, 1983.
The first time Rolando Galman visited Custodio within the month
of April, 1983, Rolando Galman had stayed in Col. Custodio’s house
for only fifteen (15) minutes. He was not able to talk to Col.
Custodio about the purpose of his visit then because Col. Custodio
was in a hurry to go to his office. At the second visit, however,
Rolando Galman was able to talk to Col. Custodio for one and a half
hours. Rolando Galman talked about such pending cases against him as
murder, homicide, illegal possession of firearms and resistance.
Atty. Espino took advantage of the occasion to inquire about
establishments that sell cheap lumber. Col. Custodio promised to
donate fifty (50) chairs for charity. Rolando Galman visited Col.
Custodio for the last time, sometime before August 21, 1983.
Within the first week of February 1984, he met Lupino Lazaro who
was with Saturnina Galman, mother of Rolando Galman. Lupino Lazaro
asked him if he knew anything material in respect to the death of
Rolando Galman and the disappearance of Lina Lazaro. He said that he
knew nothing about the matter but Lupino Lazaro told him to cooperate
because, if he did, he would be able to implicate the military and
this would mean a lot of money. He told Lupino Lazaro that he found
it difficult to tell a lie.
While Brig. Gen. Jesus Singson did not come forth and testify in
his behalf, he relied for his defense on the evidence furnished by
Maj. Gen. Vicente Piccio and Minister, now Congressman Jose Aspiras,
the Minister of the Ministry of Tourism in 1983, charged herein as an
accomplice together with B/Gen. Jesus Singson and Minister Cendana,
gave evidence to the effect that, as Minister of Tourism, he served
as Chairman of the Civil Aeronautics Board, of which B/Gen. Jesus
Singson, Maj. Gen. Vicente Piccio and Leon Tinsay were members. In
view of newspaper reports to the effect that Sen. Benigno Aquino, Jr.
was due to return to the Philippines without proper travel papers, he
called for a meeting of the Civil Aeronautics Board in order to agree
on the action to be taken by the board upon the contingency that the
Senator would arrive without a passport or valid travel papers. The
board decided that, should the aforesaid contingency happen, sanction
should be imposed on the airline whose plane the Senator would take,
in accordance with international treaties such as the International
Air Transit Agreement.
The board, upon learning of the fact that China Airlines had
indeed allowed Sen. Benigno Aquino, Jr. to take its flight CI-811 had
appropriately sanctioned the airline.
Gen. Olivas had played golf from 6:00 A.M. to 10:00 A.M. that
day, August 21, 1983, and, since he passed by Camp Aguinaldo, he went
to office at 11:00 that morning. From there, he proceeded to inspect
his area of jurisdiction outside of the MIA, inspected the traffic
crowd control units, the Civil Disturbance Control Units of Gen.
Corachea, the South District and the Imelda Avenue, the ramp in front
of the MIA, and the mobile command. At past 2:00 o’clock that
afternoon, Gen. Fabian Ver contacted him by telephone and told him:
“Ang AVSECOM, nasingitan, nagkaroon ng barilan. Sen. Aquino injured.
You will be in charge of the investigation. Go to MIA.”
Galman could have learned that Sen. Aquino was on board CI-811
by observing the earlier movements of AVSECOM soldiers and facilities
and information furnished by co-conspirators and accomplices.
Galman.
COURT FINDINGS
single bullet that penetrated the head and caused the death of Sen.
left, below the external auditory meatus, and the exit wound having
t-2").
1
the fatal bullet must have gone upward from the wound of entrance.
Since the fatal bullet exited at the mandible, it is his belief that
the petrous bone deflected the trajectory of the bullet and, thus,
the bullet proceeded downwards from the petrous bone to the mandible.
which killed Sen. Benigno Aquino, Jr. was, indeed, "forward, downward
and medially." For the reason that the wound of entrance, was at a
conclusion but that the trajectory was downward. The bullet when
First, as Dr. Pedro Solis and Dr. Ceferino Cunanan, the immediate
that the muzzle of the fatal gun was at a level higher than that of
from the wound of entrance to the petrous bone. Out of curiosity, Dr.
Juanita Billote tried to insert a probe from the wound of exit into
attempts. If at all, this disproves the theory of Dr. Munoz that the
trajectory was upward, downward and medially. On the other hand, Dr.
exit. Alejandrino Javier shouted with excitement upon his success and
(Exhibit "XXXXX-39-A")
1
To be sure, had the main bullet hit the petrous bone, this
The fact that the main bullet was of such force, power and speed that
it was able to bore a hole into the mandible and crack it, is an
petrous bone. By its power and force, it must have been propelled by
a powerful gun. It would have been impossible for the main bullet to
have maintained the same power and force as when it entered the skull
at the mastoid region so as to crack the mandible and make its exit
there.
But what caused the fracture of the petrous bone? Was there a
cause of the fracture, other than that the bullet that hit it? Dr.
First, the petrous bone could have been hit by a splinter of the
region; and,
1
Second, the fracture must have been caused by the kinetic force
applied to the point of entrance as the mastoid region which had the
and of the parietal bone, Dr. Pedro Solis pointed out, had been
although not limited to, the parietal bone. The skull, Dr. Solis
“spider web linear fracture” which goes to the different parts of the
The fact that there was found a fracture of the petrous bone is
not necessarily indicative of the theory that the main bullet passed
inside the skull or at the wound of exit were really parts of the
main bullet which killed the Senator. When Dr. Pedro Solis examined
these fragments, he found that two (2) of the fragments were larger
in size, and were of such shapes, that they could not have gone out
of the wound of exit considering the size and shape of the exit
wound.
Finding of a downward
trajectory of the
fatal bullet fatal
to the credibility of defense witnesses.
The finding that the fatal bullet which killed Sen. Benigno
being brought down from the plane. Rebecca Quijano saw that the
senator was shot by the military man who was directly behind the
Senator while the Senator and he were descending the stairs Rebecca
it stands to reason that the gun used in shooting the Senator was
the back of the head of the Senator. This is consistent with the
Aquino and the military soldiers bringing him were at the bridge
Burton that the shooting of Senator Aquino occurred while the Senator
was still on the bridge stairs, a conclusion derived from the fact
that the fatal shot was fired ten (10) seconds after Senator Aquino
crossed the service door and was led down the bridge stairs.
gauged from the sounds of the footsteps of0 Senator Aquino, as the
Senator went down the bridge stairs, the shooting of the Senator
occurred while the Senator had stepped on the 11th step from the top.
"Observations:
1
were: Sgt. Claro M. Lat was supporting the Senator's right arm and
was slightly ahead of him. Next to Lat was Sen. Benigno Aquino, Jr.
Sgt. Arnulfo de Mesa, who was at the left of the Senator, although
slightly behind him, had held on to the Senator's left arm. C1C
Rogelio Moreno followed two or three steps behind Senator Aquino and
was, thus, the one directly behind the Senator. Sgt. Filomeno Miranda
follower Moreno, ClC Mario Lazaga was the one following Sgt. Miranda.
Far behind them were Sgt. Armando dela Cruz and Lt. Jesus Castro.
1
On the basis of the testimonies of Rebecca Quijano and Jessie
ROGELIO MORENO who fired the fatal shot that killed Senator Benigno
Aquino, Jr.
top of the head with a blunt instrument, most probably with the butt
hematoma on the scalp, parietal region, 6.0 x 7.5 em, support this
finding.
Defense evidence
rendered nugatory.
civilian defense witnesses that Senator Benigno Aquino, Jr. was shot
on the tarmac by Rolando Galman while both Rolando Galman and Senator
Aquino were standing up, Rolando Galman would have shot Senator
and it is by extending his band forward and by shooting while his gun
was at the level of his shoulder. The trajectory of the bullet which
would hit Senator Aquino in this manner would, neither be upward nor
1
downward, but forward and horizontal. This considers the fact that
the evidence indicates that Senator Aquino and Rolando Galman were of
the head, there could have been no other convenient way to shoot
had shot Senator Aquino while both the Senator and he were standing
Senator Aquino from the back when Senator Aquino was walking towards
the back part of the SWAT van and while Rolando Galman was catching
degrees, he could not have possibly hit the head of Senator Aquino,
unless Rolando Galman had knelt down before shooting or had otherwise
sat on his haunches. The alleged assailant could have bird up in the
Sgt. Claro Lat after being hit and had slid down to the tarmac while
because it was shown that Senator Aquino's breast and front part of
the body was full of blood. Obviously, Lat's clothes showed no blood
premises of the MIA. One could have found it, therefore, if he were
already in" the premises of the MIA." Since Rolando Galman was an
Senator Aquino, and the fact that he was seen smiling at "the
soldiers and gesticulating by raising his hands near the CAL plane,
support the conclusions that Rolando Galman entered the area where
the CAL plane was berthed in connivance with or at the behest of the
Galman would not have been allowed to enter MIA because he was
leather holster. One spare holster, an empty one, could pass the
Galman would not have been allowed to enter MIA because he was
leather holster. One spare holster, an empty one, was allegedly also
carried by him.
If he were cleared for entry into the MIA, was allegedly also
carried by him the military neither gun nor holsters were on his
person. The gun and the holsters must have been brought in by the
military conspirators.
Circumstances proving
conspiracy.
but to the conclusion that the accused military men had conspired to,
kill Senator Benigno Aquino, Jr. as soon as, and even before they had
definite knowledge that the senator was coming back to the country.
1
I
Even while Sen. Benigno Aquino, Jr. was in exile in the united
Jr. outside of the United States. Jose Fronda Santos, Jr. of O'
was hired by then Col. Luther Custodio as an agent with pay, for the
Don. Salvador Laurel, Sen. Eva Estrada Kalaw, and Sen. Benigno
Aquino, Jr. He was able to infiltrate the group of Sen. Eva Estrada
Custodio gave him the code name, Rafael Bernardo, early in 1981. In
respect to Sen. Benigno Aquino, Jr., the idea at first was for him to
contact the Senator and find out from the latter as to when he was
Custodio in order that Col. Luther Custodio can arrange the killing
imparted to his uncle, Dr. Bartolome Lapuz, and the latter advised
him against it. Dr. Lapuz told him that it was his understanding that
Jose Fronda Santos, Jr's job was only to infiltrate the ranks of the
instruction of Col. Luther Custodio him was more definite and it was
II
while in the U. S. and during his trip back to the Philippines were
largely known to, because they were closely monitored by; the
Ministry of Foreign Affairs. Thus, Gen. Fabian Ver and Brig. Gen.
Luther Custodio definitely knew the plane the Senator was going to
take and the time of his arrival in Manila. This is precisely the
reason why the nine International flights that morning merited a mere
origin. The change was that Sen. Benigno Aquino, Jr., upon, his
arrival shall be detained. The fact that B/Gen. Custodio was required
Ver informing B/Gen. Custodio of matters which Gen. Ver would wish to
convey would have been sufficient), the matter which Malacañang had
summoned 2Lt Jesus Castro and told his said aide, the chosen head of
the Boarding Party, that there was a change of plans. Instead of Plan
let the Boarding Party escort Sen. Aquino to exit through the tube,
to the remote holding room; and then to the SWAT van; while Plan
Bravo was to let the Boarding Party escort Sen. Aquino to exit
Aquino was on board CAL Flight CI-8Il, Lt. Jesus Castro communicated
instructions were.
folding passenger tube. The moment the stewardess opened the door of
the plane, these men in white polo barong had moved deftly to prevent
Aquino and the Boarding at the Remote Holding Area, where ordinarily
it was supposed to proceed to, was already parked near the bridge
There was a concerted effort of the Boarding Party and the men
journalists from joining the Boarding Party in going down the stairs
and to look out of the side door in order to have a good view of what
join Senator Aquino. He was brusque1y ordered to sit down. "Just take
seat", Sgt. Arnu1fo de Mesa uttered. If the Boarding Party had not
intended to do some harm to the Senator they would have welcomed the
VI
Jessie Barcelona saw that, before Senator Aquino went down the
stairs where he was shot, the man in blue PAL uniform, 'Later
identified as Rolando Galman, had chatted with some soldiers who were
exchanged pleasantries with them, and laughed with them. This acute
observation does lead one to believe that, either Rolando Galman was
supposed to kill the assassin, Before Rolando Galman could act either
way, and, just after Senator Aquino was shot by Sgt. Rogelio Moreno,
he was, on a cue, shot and riddled with bullets from the powerful
guns of the very soldiers he rubbed elbows with. Rolando Galman was
VII
notwithstandinq the fact they saw that, not Galman, but ClC Moreno
was the soldier who had shot Senator Aquino, is evidence to show that
V1II
enter the airport premises and go as far as the place where the SWAT
the least.
proper ID and was in the list of PAL employees who were to work for
intense interrogation at the entrance gate and the guards made sure
that his face matched his picture on his ID. Since the picture in the
ID Rolando Galman was carrying was not that of the latter, the 1D
could Rolando Galman have gotten in if the military did not smuggle
Airport Manager Luis Tabuena himself was also subjected to the same
security measures.
1
Rolando Galman, for this reason must have come with the van.
protect but one man - Sen. Benigno Aquino, Jr. In the Oplan, Implan
Bravo, 7 men; Implan Charlie and Delta, 14 men; Implan Salubong, 275
officers and men; Implan Sawata, 821 officers and men; and Implan
There were just too many men securing such a small area as the
distance between the foot of the bridge stairs and the SWAT van that
then protected from all angles and there was nothing an assassin
The tarmac was such an open space that the slightest: movement
IX
of Jose Fronda the effect that, one (1) week before Santos Jr. to the
Castro, holding and toying with a .357 magnum revolver that had grip
was colored yellowish White. Lt. Castro was displaying this gun to
the soldiers a round him. This goes to show that preparations for the
charade on August 21, 1983 had been undertaken some time before the
assassination.
Col. Octavio Alvarez to the effective that the .3S7 magnum revolver,
used by Rolando Galman, had actually the gun of Col. Octavia Alvarez
~lich was stolen from his car. This derails the defense contention
that this was the fatal gun and that Rolando Galman used it in
killing Senator Aquino. The fact that this gun was found in the
.Octavia A1vare z that men of Col. Rolando Abadilla were the ones who
stole it from his car. The presence of Col. Rolando Abadilla at the
1
tarmac of the MIA just before the assassination of Senator Aquino and
has long suspicious conference with Rolando Galman at the time snows
We recall evidence showing that this gun was in fact fondled and
shown off to soldiers in the office of B/Gen. Custodio and 2lt Jesus
Without doubt President Marcos had moral and physical ascendency over
him.
XII
Gen. Luther Custodio gave the order that all passengers should remain
seated until the Boarding Party, headed by his aide, Lt. Jesus
Castro, shall have taken custody of Senator Aquino. The order was
Senator Aquino and to prevent them from witnessing what the military
1
had all the while, been conspiring to do - to assassinate Senator
stop the passengers and the journalists from getting out of the plane
the CAL Flight Cr-81l to remain seated until the Boarding Party shall
have aboard, Florante Magdamo, Chief of the Airport Traffic and Ramp
after the CAL plane had berthed at Gate B on August 21, 1983, a
certain Sgt. David Argarin Jr., a member of the AVSECOM then pasted
at the control tower, requested him to relay that message to the CAL
plane. The messaqe, while passing through channels, came from the big
XIII
shot. He was riddled with bullets to make sure he was dead and unable
to tell the truth, for truly, dead men tell no tales. If he was truly
1
an assassin sent by the communists, or whoever, would it not have
been enough to disable him and thereby be able to extract from him
assassination? And the further fact that for several hours his body
was left unattended, and exposed for all to see and for media to take
pictures of, reinforces the belief that the perpetrators wanted the
XIV
When Senator Aquino was brought on board the SWAT van ostensibly
struck on top of the head with a blunt instrument, possibly the butt
of a gun, by a member of Team Alpha, perhaps for the reason that the
members of the 'team had thought that then was still alive and might
survive.
1
XV
The Leader and members of the Boarding Party, together with the
actual killer, Moreno, fled from the scene in every direction. Were
safety of the Senator, they would have stayed with the Senator,
needs, whatever.
XVI
Suzuki that, when the following words were heard to have been uttered
Sgt. Claro M.Lat who uttered the first phrase, "Ako na '",
CIC Mario Lazaga was the one who uttered the word, “Ya”;
The words uttered and the persons uttering them suggest the
scenario that, while Sen. Aquino and, the Boarding Party were still
descending the bridge stairs, the Boarding Party saw that Rolando
was to make Rolando Galman appear suddenly after the Senator shall
have reached the van. It was then that ClC Moreno was ordered to
conspiracy among the accused who are shown by the evidence to have
and from which it can logically be inferred that there was a common
Phil. 761). Thus, Justice Gancayco, speaking for the Supreme Courr in
People vs. Basilan, 174 SCRA 115-116, June 20, 1989, ruled that while
involved in the case, but that the victim would be killed if he did
not comply with their demand; (2) Her two (2) unidentified companions
held the victim on both sides ; (3) The accused while present was not
shown to have inflicted any stab wound on the victim; and (4) The
three (3) accused fled from the scene of the crime together.
“where all the 77 constabulary men” were imbued with the same
proved. Not alone are the men who admit firing their carbines
3611).
the scene of the crime; in exerting moral ascendancy over the rest of
vs. Casey, 103 SCRA 21, citing the People vs. Peralta, 25 SCRA 759).
1
The participants in
the conspiracy
While the supposed purpose of OPLAN BALIKBAYAN which Col. Ager Ontog
Sen. Benigno Aquino, ,Jr., the plan turned out to be the basis for
the oneness and coniveness by which the mi1itary men involved had
The OPLAN BALIKBAYAN as, conceived by Col. Ager Ontog for the
circumstances and events unfolded, the officers and men of the OPLAN
limb of the Senator. The men as organized in the OPLAN utilized their
convert the Boardinq Party into a patsy and shoot him as soon as it
still alive on board the SWAT van to keep him away from the view of
The key that set the conspiracy in motion was his command:
PLAN BRAVO"
mobilized the Boarding Party and saw to it that Senator Aquino would
be brought down the bridge where he was to be shot with the least
bridge stairs. The Boarding Party was secure in the thought that no
one could bar the objective or even observe their actions. Thanks to
IMPLAN MASID.
Captain Valerio and with the SWAT van at or near the foot of the
bridge stairs. Team Alpha had cordoned the front part of the CAL
Even AVSECOM ramp guards and MIA hired security guards were
shooed off and were prevented from witnessing an unfolding charade.
Sergeants Torio and 0pilas backed off and went away from the bridge
stairs. Cabin security guards were prevented from ascending the
bridge stairs to perform their jobs.
Upon the cue: "Copy All Units. Implement Plan Bravo," guided his men,
make them go down the bridge stairs where he knew Senator Aquino was
him, "I was only following orders." No question, Lt. Jesus Castro
had simply relayed the Order emanating from the top man in the totem
It was Lt. Jesus Castro who got ClC Moreno and CIC Lazaga,
compunction for their brutal nature, to join the Boarding Party, with
IMPLAN MASID.
All units below the CAL plane had cordoned the pane and were there at
Senator.
1
The voice comparison and sound analysis conducted by Dr. Matsumi
revealed that the words, ‘Eto na “ and “Pusila” …which were heard
shortly before Senator Aquino was shot were uttered by Lt. Jesus
Castro.
open court was following Sgt. Arnulfo De Mesa and Senator Aquino when
they were descending the stairs. Actually, De Mesa was more to the
left of the Senator. Moreno, therefore, was directly left behind the
Senator. Moreno was in khaki uniform, with the familiar red shoulder
khaki following Senator Aquino as the escort who shot the Senator.
Party, the fact being that ClC Moreno was the man in khaki uniform
persuasive evidence of the fact that he it was who was the actual
Party and was assigned to the AVSECOM only on August 19, 1983 for the
purpose. M/Sgt. Aquino observed that ClC Moreno, then, was uneasy,
listless, morose and lonely. When ClC Moreno was asked by Sgt. Aquino
"A So I asked him bluntly that you were the one who did the
shooting on the late Senator?
Q Yes?
Q And he answered me, "I cannot do anything, sir, I just
followed orders." (TSN, M/Sgt. P. Aquino, March 8, 1988, p.
37). (underscoring supplied)
Aquino had embraced him after the Senator was shot on the tarmac by
Galman, when the truth is that the Senator was shot by Moreno up at
But, they had instead become the instruments for the completion
of the charade in which Rolando Galman was made to look like the
their admission and as borne out by the evidence, shot and killed
Rolando Galman. The fact that they did is an indication that they
did that the Boarding Party committed the foul deed of killing
Senator Aquino at the bridge stairs, why would they kill Rolando
the foot of the bridge stairs when he allegedly saw Senator Aquino
and the Boarding Party at the mid-section of the bridge stairs; that
which point, he has about to shoot Galman but Ga1man had already
to have seen that it was Moreno who shot the Senator at the bridge
everyone. He saw what the Boarding Party did to Senator Aquino. Why
did he go along with the allegations of Sgt. De Mesa and, thus, add
conspiracy?
the actuations and the role of De Guzman, Desolon9, Mateo and Estelo
in the conspiracy.
Sgt. Aquino provided actual and moral support to his said co-
though Galman had shot Senator Aquino. Since he saw for a fact that
the Senator was shot while at the bridge stairs by a member of the
action, but they were definitely in the conspiracy. They went along
having been shot by Moreno, they lifted the Senator and threw him
into the SWAT van as though he were a sack of rice, without as much
was there for all to see. The question is where and when the Senator
was struck on top of the head. Up to the moment of the first shot,
Senator Aquino held his head erect and was seen walking down the
stairway. There was no point in hitting him on the head after he had
been shot and as he lay dying on the tarmac. The film footage and
and shoved onto the SWAT van do not show anyone hitting him on the
head. When the SWAT van arrived at the hospital, Senator Aquino was
already dead; at that point, there was no point in bashing his head.
blunt instrument, which could be the butt of the gun when he was
already ion the van. One among the members of Tea Alpha, sensing that
the Senator might still be alive, struck his head to make sure that
he was dead. This further incriminates all who rode in that van.
1
Capt. Romeo Bautista
information.
men to converge at the movable tube of Bay 8. Even before CAL Flight
CI-811 docked, members of IMPLAN MASID, whose names have not been
After the Boarding Party, with the Senator in tow, got out of
the plane and, while they were on their way to the aerobridge stairs,
the members of IMPLAN MASID, upon the order of Capt. Bautista, formed
human blockade at the plane door and prevented the journalists who
following the Senator down the bridge stairs. Since Senator Aquino
was to be shot alter exiting from the plane, the act of preventing
the journalists who were ready with their still and moving cameras
the, military officer who gave order to bar the journalists from
exiting thru the door of the movable tube, Capt. Romeo Bautista was
Were it not for his order to his end for concerted action, the
“E10-12”, coming up from the bridge stairs and entering the movable
tube after the first five (5) shots were fired. Obviously, he was
with the Boarding Party when the latter and Senator Aquino made their
descent. After the Senator was shot, he fled, not towards the open
space at the tarmac, but towards the safety of the movable tube.
support the theory of the defense which all more proves his
complicity.
1
No evidence has been introduced to prove the charges against
Capt. Llewelyn Kavinta, Sgt. Armando Dela Cruz, Sgt. Prospero Bona,
Oscar Fabiana, Sgt. Juan Catador, Sgt. Pepito Torio, and AM Joseph
conspiracy.
against them appear insufficient to sustain the charge that they were
the following day. This, however, is not valid evidence to prove that
perpetrate the foul deed subject of the herein charge. But, we find
reason in the denial made by Minister Aspiras that he did not make
any statements because he had no reason to make it. He was not privy
and drinks to him on August 20, 1983 and, thus, there could have been
1
no waiters on hand to serve him and his guests.
D. Aspiras nor Director Jesus Z. Singson committed any act which may
not evidence to show that the accused Aspiras and Singson had wanted
to kill Senator Aquino. On the other hand, this act of the accused
merely indicates that they have used their authority to stop Senator
Rolando Galman’s house in the evening of August 17, 1983 and brought
Rolando Galman along with them. The charge is that these two accused
procured Rolando in order that the latter can perpetuate the end of
the military. The fact that Col. Arturo Custodio and Hermilo Gosuico
1
brought Galman our of his house five (5) days before the killing of
the two accused to B/Gen Luther Custodio of the AVSECOM or that these
two (2) accused knew the purpose for which Galman was to be brought
charge.
Jr. on 21, 1983. He came to know of this fact only when called upon
allowing only fourteen (14) of the media people to get inside the
through there, he was with these media people up to the time the
Aquino.
1
As to Maj. Gen. prospero Olivas, charged herein of Murder as an
its discovery” par. 2, Art. 19, R.P.C., the evidence does not sustain
the charge.
so acting he did not conceal or destroy the body of the crime or the
Aquino, Jr., the Court finds the following accused guilty beyond
treachery:
Penal Code.
costs de officio.
Upon the report of the prosecution and the defense that Sgt.
Leonardo Mojica had died while these cases were being tried, the
treachery:
against tem.
Llewelyn Kavinta, Sgt. Armando Dela Cruz,. Sgt. Prospero Bona, Sgt.
Singson and Major General Prospero Olivas, should be, as they are,
Upon the report of the prosecution and the defense that Sgt.
Leonardo Mojica had died while these cases were being tried, the
cases are ordered cancelled. In view of their acquittal from the two
Fernandez, Sgt. Oscar Fabiana, Sgt. Juan Catador, Sgt. Pepito Torio
SO ORDERED.
-----
What then was his basis for this statement? In a talk he had
with then NBI Director Jolly Bugarin about the significance of NBI
Chemistry Report No. C-83-872, the latter informed him that the lead
fragment was recovered from the head of Senator Aquino:
x x x
1
“Q I show you again Exhibit “72.” Aside from what you
said, the information that was given to you by Director
Bugarin, what made you use this Exhibit “72” as a basis
for your findings?
The evidence also proves that Gen. Olivas was silent on this
episode of the two .357 Magnum revolvers bearing the same serial
number because it would have unjustly implicated him as the
mastermind of the assassination. Furious upon hearing rumors
allegedly circulated by Col. Octavio Alvarez that the .357 Magnum
revolver tagged as the murder weapon had previously been issued to,
and lost by him (Col. Alvarez), Gen. Olivas had him summoned to his
office on November 15, 1983 where the following incident transpired:
1
“Q You said you arrived at 3:30 p.m. but Gen. Olivas
arrived at 5:30?
Q At whom?
A At me, sir.
x x x