By Edu Punay (The Philippine Star) Updated October 29, 2010
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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