http://news.inq7.net/nation/index.php?index=1&story_id=14831Pacificador acquittal shocks Javier family
Updated 03:42am (Mla time) Oct 14, 2004
By Nestor Burgos
Inquirer News Service
Editor's Note: Published on page A1 of the Oct. 14, 2004 issue of the Philippine Daily Inquirer
SAN JOSE, Antique, Philippines -- The son of Evelio Javier yesterday condemned the acquittal of the man accused of masterminding his murder in February 1986.
"The very institution that my dad believed in and defended with his life is the very one that is now spitting on him," said Francis Gideon Javier, elder son of the ex-governor of Antique province who was gunned down at 43.
Gideon said his mother Precious was shocked when he called her in the United States to inform her of Arturo Pacificador's acquittal on Tuesday.
"She had started believing in the justice system after being denied justice for all these years. But whatever faith she had was thrown out of the window," he said.
But Judge Rudy Castrojas, presiding judge of the Antique Regional Trial Court Branch 12, advised those critical of his decision to "read [it] first."
Castrojas said the perception that Pacificador was the mastermind of Javier's murder "remains a perception."
"Judges cannot decide on the basis of presumptions but on clear evidence of guilt," he said.
Justice Secretary Raul Gonzalez also said the decision should be respected because the law had taken its course: "The prosecutors did their best, but the court has its own appreciation of the case."
But Gonzalez said the acquittal of the former ally of the late dictator Ferdinand Marcos would not affect the Philippine government's efforts to extradite his son and co-accused, Rodolfo Pacificador, from Canada.
He said it appeared that Rodolfo Pacificador might even be the mastermind of Javier's murder.
Gonzalez also said the government could no longer appeal Pacificador's acquittal.
"That's the end of it," he said, adding that reviving the charges against the former majority floor leader of the Batasan Pambansa would constitute double jeopardy.
Free man
Pacificador, 74, was released from the Antique Rehabilitation Center after the promulgation of the decision on Tuesday.
He said he was open to a reconciliation with the family of his political rival.
On his first day as a free man yesterday, Pacificador left San Jose at 3 a.m. and visited the northern towns of Pandan, Culasi, Sebaste, Laua-an and Barbaza to "thank the people who brought me food and visited me in jail."
Pacificador went into hiding after Javier's murder. Nine years later, in March 1995, he turned himself in at Camp Crame, the national police headquarters in Quezon City.
His son fled to Canada shortly after the murder and applied for refugee status.
Gonzalez said the resolution of the case could also be the basis to extradite Rodolfo Pacificador so he could face trial for the murder of Javier and the wounding of five others.
"We will analyze the decision and study our options carefully because there are many nuances in the case," he told the Inquirer by mobile phone.
Gonzalez said he had ordered a review of the status of the extradition proceedings against Rodolfo Pacificador.
Cancel passport
He said he had also asked the Department of Foreign Affairs to determine whether the passport of the fugitive had been canceled.
Prosecution witnesses had testified that Rodolfo met with Eduardo Iran alias Boy Muslim, the alleged leader of Javier's killers, before and after Javier was gunned down on Feb. 11, 1986. Rodolfo allegedly also gave money, food and shelter to Iran and the other gunmen after the shooting.
On Oct. 19, 1996, the Canadian justice ministry ordered Rodolfo's extradition. But the Ontario Court of Appeals reversed the order on Aug. 1, 2002, on grounds that the Philippines could not guarantee him a fair and speedy trial.
The Canadian Supreme Court affirmed the rejection of the petition in February last year.
Senior State Prosecutor Leo Dacera III said he would look into whether the petition could be revived despite the earlier decision of the Canadian courts.
He said Castrojas' decision showed that the younger Pacificador had a key role in the planning and implementation of the murder.
Based on the evidence
In his 113-page decision, Castrojas pointed out that as shown by the testimony of prosecution witnesses Arleen Limoso, Jose Delumen and Romeo Nagales, it was Rodolfo Pacificador "who ran the affairs, so to speak..."
"Based on the evidence on record, it appears that [Rodolfo] was the mastermind [of Javier's killing]," Castrojas said in an interview.
However, the judge pointed out that Rodolfo had not yet presented evidence in his defense because he had yet to be arrested.
While the former assemblyman and three other accused were acquitted, Pacificador's lawyer Avelino Javellana and seven others were found guilty.
Still at large
Rodolfo Pacificador and Iran were not sentenced because they are still at large.
Castrojas yesterday issued arrest warrants for Iran, Rodolfo Pacificador and Rolando Bernardino, who escaped from detention in October last year.
With a report from Philip C. Tubeza