FRATERNITY BAR BLAST SUSPECT SURRENDERS TO VP BINAY / RAPS FILED BY NBI
[PHOTO AT LEFT - Justice Secretary Leila de Lima leaves the NBI office in Manila after the preliminary questioning of blast suspect Anthony Nepomuceno. JONJON VINCENCIO]
MANILA, OCTOBER 29, 2010 (STAR) By Edu Punay - The principal suspect in the grenade attack that marred the conclusion of the Bar examinations in Manila last month surrendered yesterday.
Anthony Nepomuceno, a member of the Alpha Phi Omega (APO) fraternity, denied any involvement in the incident before Vice President Jejomar Binay.
Binay, the highest ranking APO official in the government, accompanied Nepomuceno to the Department of Justice (DOJ).
Binay said Nepomuceno surrendered to him and sought assistance.
"Our brod is being suspected. After what happened, it is always the tendency to blame our fraternity. No group is holding him. The APO leadership is sad about this incident but I believe he is innocent of the crime," Binay told radio dzMM after bringing Nepomuceno to the National Bureau of Investigation (NBI).
Binay said he brought Nepomuceno for investigation on the request of Justice Secretary Leila de Lima.
He said De Lima has promised to protect and respect Nepomuceno's rights in the investigation.
Nepomuceno was tagged as the principal suspect that lobbed a grenade during the traditional "salubong," a gathering of well-wishers and relatives greeting the Bar candidates after their grueling four-weekend examinations on Sept. 26.
More than 40 people were injured during the attack, including San Sebastian College of Law student Raissa Laurel who lost her legs in the blast.
Binay stressed Nepomuceno, a 27-year old former criminology student at Manuel L. Quezon University who works as a call center agent, was never a suspect in the case.
"There is no warrant for his arrest. He surrendered to me but I believe he is not guilty," Binay told reporters who waited for him to appear before the DOJ with Nepomuceno.
Binay granted the interview but without Nepomuceno around.
Nepomuceno, however, was released after preliminary questioning by the NBI.
NBI spokesman Cecilio Zamora said Nepomuceno was released to the custody of his fraternity brothers who are also acting as his lawyers.
"He was released as there is no case filed against him at this time. There is also no warrant of arrest," Zamora said.
Zamora, however, revealed criminal charges are being prepared against Nepomuceno before the DOJ.
APO advice
De Lima also said Nepomuceno could not be arrested since no charges were filed against him.
She said Nepomuceno surfaced to deny the accusations following the advice of Binay and the council of elders of APO to submit to the probe.
"Our commitment to Vice President Binay and the other (APO) elders who turned the suspect over is that we will protect his rights, and therefore he will be treated properly within the bounds of law now that he's adhering to the correct process," De Lima said.
De Lima stressed Nepomuceno was just "invited for questioning and not under arrest."
She explained the suspect could not be arrested since he was not caught in the act of committing the crime and also because the period within which an arrest could be made immediately after the incident had already lapsed.
Nepomuceno surfaced 30 days after the explosion occurred in front of De La Salle University at Taft Avenue, Manila.
"He's not under custody of NBI. We don't have basis to really own him in custody (like warrant of arrest). He's just cooperating in the investigation," De Lima said.
De Lima, however, revealed the NBI holds strong evidence against Nepomuceno.
She said the NBI is preparing charges of multiple frustrated murder and multiple attempted murder against Nepomuceno that are expected to be filed before the DOJ anytime today.
"The NBI has eyewitness accounts that it was him (Nepomuceno) who threw the grenade although his face was half-covered then," De Lima said.
"The witnesses said they even immediately pointed at him after the incident. So he ran and then four other men chased him and tried to subdue him," she added.
De Lima noted the testimonies of witnesses who claimed Nepomuceno even wrestled with them while trying to escape.
"He wrestled it out with the four guys, and when the cover on his face was taken out along with a pair of shades and cap, two of those four men saw his face," she said.
De Lima said a total of 17 witnesses had identified Nepomuceno.
She added the NBI is also hunting down two other companions of Nepomuceno during the grenade attack.
The NBI has earlier released an artist's sketch of the suspect, which reportedly matched with Nepomuceno.
Frat war
De Lima also did not rule out the possibility that a fraternity war could have triggered the attack.
She said a fraternity war is "one of the most possible motive - but with a little twist," though she did not elaborate.
This was the reason why investigators initially refused to reveal the affiliation of the suspects so as not to provoke a retaliatory war from other fraternities, particularly from those whose members were hurt in the attack, De Lima said.
De Lima said she only decided to take the initiative to help in the probe when the NBI told her that they already knew the suspect.
Many sectors expressed indignation over the attack that a total of P1.2 million in reward money was raised to help expedite the manhunt for the culprit.
A P1 million reward was offered by a group of businessman while the Fraternal Order of Utopia, an Ateneo School of Law fraternity of Chief Justice Renato Corona, put up P200,000.
The incident was given "top priority" by President Aquino who vowed to give justice to the victims of the blast.
Mr. Aquino has expressed interest in the incident, particularly in the case of Raissa Laurel who lost her legs in the grenade attack.
Mr. Aquino directed the Manila Police and the NBI "to make the resolution of this case their top priority."
Now that the suspect was known and surfaced yesterday, the President assured Nepomuceno that he will be accorded due process.
"At the very minimum, like any other accused in our system of justice, he is presumed innocent until proven guilty," Mr. Aquino told reporters covering his state visit in Hanoi, Vietnam after being informed of the developments.
"He will be accorded all the protection of his rights, but at the end of the day, if he is responsible, then he will have to pay," he said.
Presidential spokesman Edwin Lacierda also gave assurance there would be no special treatment for the suspect.
Lacierda noted Nepomuceno is a fraternity brother of the Vice President and being given legal advice by a battery of lawyers who are also members of APO.
"Definitely, there will no special treatment. Again, the only request of the suspect was that his rights be respected," he said.
Lacierda said Malacañang welcomes the development on the surrender of Nepomuceno, particularly on the successful intervention of the Vice President.
He said the surrender of Nepomuceno would signal the DOJ to start the prosecution and give justice to the victims of the blast. – With Delon Porcalla, Aurea Calica and Sandy Araneta
Raps filed vs blast suspect By Edu Punay (The Philippine Star) Updated October 29, 2010 12:00 AM Comments (6)
MANILA, Philippines – The National Bureau of Investigation (NBI) yesterday filed criminal charges against Anthony Nepomuceno, the principal suspect in the Sept. 26 grenade attack in this year's Bar examinations in Manila.
The NBI filed charges of multiple frustrated murder and multiple attempted murder before the Department of Justice (DOJ), a day after Nepomuceno surfaced to deny the allegations implicating him in the grenade attack.
NBI spokesman Cecilio Zamora said the charges stemmed from the testimony of several witnesses.
Vice President Jejomar Binay accompanied Nepomuceno on Wednesday to the NBI where he was taken into custody for a brief questioning.
Nepomuceno was made to stand in a police lineup at the NBI where four witnesses identified him as the person who allegedly lobbed the grenade.
"They pointed to him (Nepomuceno) as the one who threw the MK2-type grenade," Zamora said.
The NBI also included in the charges two more still unnamed suspects who reportedly assisted Nepomuceno in the grenade attack.
Zamora explained that the heavier charges of multiple frustrated murder and multiple attempted murder were established since the attack was premeditated with the use of a lethal weapon.
"The intent to kill was there, that's why it's multiple frustrated murder and multiple attempted murder. That is not just physical injuries, which only apply if there is no intent," Zamora said.
Zamora maintained the NBI has already charged the right suspect, contrary to the statements made by Binay, Nepomuceno's senior brother at the Alpha Phi Omega (APO) fraternity.
Binay earlier declared before the media during interviews on Wednesday that Nepomuceno was innocent of the charges.
He said Nepomuceno had volunteered to submit for an investigation in the effort to clear his name over the allegations.
His spokesman Joey Salgado yesterday issued a statement clarifying the interviews quoting the Vice President over the case.
"The Vice President reiterates his statement to media that the matter is now in the hands of proper authorities," Salgado said.
Salgado said Binay clearly stated during the media interviews that the suspects should be charged appropriately.
"He has made it clear that the perpetrators of the bombing – regardless of affiliation – should be charged appropriately. As a lawyer, he upholds the principle of due process and that the courts will have the last word on the guilt or innocence of the accused," Salgado said.
Intervention
Malacañang also defended Binay as they vowed to pursue the case and give justice to the victims of the blast.
Deputy presidential spokesperson Abigail Valte debunked speculations over Binay's pronouncements on Nepomuceno's guilt.
"You have to understand that the Vice President was able to talk to this person, Mr. Nepomuceno. On the other hand, there is also evidence in the possession of the NBI that nobody has been apprised of. So let's take that limitation into context and let's just take his statement for what it is. It is his opinion. Why he was able to say that was because he had a personal conversation with Mr. Nepomuceno," Valte said.
Valte noted the Vice President played a key role in bringing the suspect to surface.
"We welcome the participation of the Vice President in the intervention to be able to bring the suspect to participate in the proceedings before the Department of Justice. The Vice President is allowing the legal procedure to take place," she said.
Valte said Binay, "has not said anything that he will intervene anymore than what he has already done."
Valte added they could not see any need to remind the Vice President to refrain from making any statements or not to intervene.
"We trust that the DOJ, the prosecutor to be assigned in this case will resolve the preliminary investigation as objectively as possible. So there are no fears that that statement will bring that about (whitewash)," Valte said.
"I can assure you that (DOJ) Secretary (Leila) de Lima will not allow the investigation to be anything other than credible, objective, and based on admissible evidence," she said.
'We stick to results'
Zamora also said the NBI respects the opinion of the Vice President over the case.
"We respect the opinion of the Vice President and of those families. But we stick to results of our investigation," the NBI spokesman stressed.
Zamora revealed the NBI initiated the filing of the criminal complaint even without including the defense of Nepomuceno.
He said Nepomuceno, accompanied by a battery of lawyers who are also his fraternity brothers, merely denied the allegations from witnesses identifying him as the grenade thrower.
Nepomuceno was tagged as the principal suspect that lobbed a grenade during the traditional "salubong," a gathering of well-wishers and relatives greeting the Bar candidates after their grueling four-weekend examinations on Sept. 26.
More than 40 people were injured during the attack that occurred in front of De La Salle University along Taft Avenue in Manila.
"He (Nepomuceno) did not give a statement. He just went to the NBI to show that he is not hiding," Zamora said.
The NBI filed the complaint without specifying the intended victims. The complaint also failed to specify the possible motive of the attack or if it was carried out on behalf of a group to attack another.
Zamora said these issues would be settled later from the results of their continuing investigation.
Zamora also revealed that NBI's other angles and suspects, including Cebu law student Jed Carlo Lazaga who was earlier tagged as a suspect in the bombing, have been dropped.
Disclosures
In the complaint against Nepomuceno, the NBI cited the testimonies of a female law student, a pedicab driver and a food vendor.
The first witness said she saw a suspicious looking male carrying a dark-colored back pack with a touch of gray, wearing wide dark sunglasses and half of his face covered with a dark handkerchief, walking from the direction of Tapa King on Taft Avenue around 10 minutes pass 5 p.m. last Sept. 26.
"After a few minutes, (suspect) turned and faced towards St. Benilde's gate. Suddenly, unexpected by the victims, (suspect) treacherously lobbed a grenade directed to the southbound side of Taft Avenue and after a few seconds a loud explosion occurred," the first witness stated.
The NBI learned the suspect fled towards the direction of Estrada Street, but was blocked by four members of Beta Sigma Lambda fraternity after reaching a coffee shop branch after the first witness called for help.
But while tackling the suspect, two men came to the suspect's rescue. One of them even pointed a gun to one of the four men who had figured in a scuffle with the suspect.
"The man who held the gun was seen pressing the trigger but by some cause other than his own spontaneous desistance the gun did not go off. Anxious of the gunman the fratmen backed down. Thus, the trio was able to wiggle free and ran towards the path going to Estrada Street," the complaint stated.
The second witness said he saw the suspect, pale and panting, hiding inside a red pick-up truck after the brief scuffle with the four men chasing him.
Two women and another man then also boarded the vehicle and covered the suspect before they went to Good Choice restaurant along Leon Guinto Street.
The third witness, on the other hand, alleged the APO fraternity rented the eatery beside the Good Choice restaurant as its headquarters for the duration of the Bar examinations. –With Sandy Araneta, Aurea Calica and Jose Rodel Clapano
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