MANILA — The Antipolo Regional Trial Court has granted the demurrer to evidence filed by ex-Colonel Eduardo Kapunan, effectively dismissing the double-murder case against him.
The case was in connection with the deaths of former Kilusang Mayo Uno leader Rolando Olalia and Leonor Alay-Ay some 30 years ago.
Lawyer Edre Olalia, an official of the National Union of People’s Lawyers that has been acting as one of the private prosecutors in the case, said RTC Branch 97 Judge Marie Claire Mabutas-Sordan granted the demurrer to evidence filed by Kapunan in a June 1 order.
The others accused, ex-soldiers Desiderio Perez, Dennis Jabatan and Fernando Cassanova, remain behind bars, according to Olalia.
“Distressing and frustrating. The message is clear: lowly soldiers should not follow orders from superiors because they (superiors) will walk free and you will take the fall,” Olalia said.
Granting a demurrer to evidence after the prosecution has rested its case means the court sees that the evidence presented against the accused is insufficient. The defense no longer needs to present evidence in its defense. SFM/rga
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