Manila RTC releases Cams for the 2019 murder of Masbate vice mayor

THE quest for justice of the family of the late Batuan, Masbate vice mayor, Charlie Yuson III, took a turn for the worse after Manila Regional Trial Court Branch 42 presiding judge, Hon. Dinnah Aguila-Topacio last Monday, January 16, 2023, dismissed the murder and frustrated murder charges filed against the principal suspects, Sandra Cam and her son, Marco, “for failure of the prosecution to prove their guilt beyond reasonable doubt.”

Also acquitted were former Batuan acting mayor Nelson Refermoso Cambaya and the four men who allegedly carried out the hit on Yuson, namely:

Junel Reyes Gomez, aka, “Bunso,” Bradford Fuerte Solis, Juanito Bustamante de Luna and, Rigor Magallanes dela Cruz.

Although a copy of the decision is yet to be released as of this posting, it was the lawyers of the accused, Atty. Buenaventura Miranda, Atty. Emmanuel Brotario and Atty. Juan Paolo Tumbali, who broke the good news to their family members who were present during the promulgation.

“Our clients were all acquitted for failure of the prosecution to prove their guilt beyond reasonable doubt,” Miranda announced after emerging from the court that was barred by Topacio from coverage by the members of the press.

Prior to the verdict, Topacio also allowed all the accused not to be present during the promulgation and to just hear the verdict via video conference.

The promulgation also came after two previous cancellation this month ordered by Topacio. The original promulgation was scheduled by Topacio last January 4, 2023, but she then postponed it to January 10 before again postponing it at the last minute to January 16.

“Utterly disappointed”

“We are utterly disappointed and devastated,” said Batuan mayor Charmax Yuson, the son of the late vice mayor, who was present during the promulgation along with his widowed mother, Lalaine, also currently the town’s vice mayor.

The family said they would immediately confer with their lawyer, Atty. Merlito Lovensky Fernandez, on what legal action to take next.

Fernandez, for his part, said they would have to seek the help of the Office of the Solicitor General (OSG) in any appeal that they might file in the future.

Miranda said they would immediately seek for the release of the Cams who have been detained since their surrender last year at the Custodial Center of the Philippine National Police (PNP) in Camp Crame, Quezon City.

Backgrounder:

Between 8:00 am and 9:00 am in the morning of October 9, 2019, VM Charlie, along with Alberto ‘Pao-pao’ Alforte, were having breakfast at ‘Jhervee’s Eatery’ along V. Cruz St., Sampaloc, Manila, when a silver-gray Nissan Urvan (ACM-8804) arrived. Three armed suspects then alighted, entered the eatery, and started shooting at them at close range.

VM Charlie was in Manila at the time to visit his elder brother, Charlie Yuson Jr., who is a barangay chairman in the area.

As the suspects were speeding off, at least two witnesses managed to jot down the vehicle’s plate number and gave its brief description to the responding policemen.

The vehicle, with the 4 suspects on board, was flagged down a few minutes later at the corner of P. Gil and Quirino Avenue and the suspects brought to the Manila Police District Station 5 for questioning. An M16 rifle and several pistols were also recovered from the suspects.

Despite positive identification by some witnesses, then Manila Police District director, P/BGen. Vicente Danao, believed that a case for smoking in public places and illegal possession of firearms should be the proper cases to be filed against the suspects.

The Yuson family then appealed to Department of Justice (DOJ) secretary, Menardo Guevarra, for the National Bureau of Investigation (NBI) to takeover the investigation of the incident, which was granted.

Last April 16, 2021, Prosecutor General Benedicto Malcontento, released the 21-page report of the DOJ Special Panel created on the order of Guevarra.

The panel, based on the NBI investigation, recommended the filing of a case for murder against Cam and her group for the killing of VM Charlie and frustrated murder for the serious wounding of Alforte.

Subsequently, on April 26, 2021, Judge Topacio issued the respective warrants of arrest against Cam’s group, with no bail recommended for the killing of VM Charlie and a bail of P200,000 each for the frustrated murder of Alforte.

She also denied the request for bail of the Cams last September 8, 2021 (see also Pinoy Exposé, September 13, 2021).

The CIDG– whose cases for illegal possession of firearms and explosives against Mayor Charmax in 2019 was dismissed by the Masbate Regional Trial Court for being “fruit of a poisoned tree” (planted)– subsequently announced that Cam “surrendered” last April 29, 2021, but has been placed under ‘hospital arrest’ in Dasmariñas City, Cavite.

She was subsequently transferred to the Camp Crame Custodial Center, Quezon City, the detention place for high-profile and influential suspects.

The CIDG also announced the ‘surrender’ of Marco Cam Martin at the same time but a picture of him actually in jail came out only last July 30, 2021, with no details provided as to where he is being held.

On the other hand, Cambaya was supposedly “arrested” by the CIDG and the Camarines Norte Provincial Police Office last June 10, 2021, while allegedly “hiding” in Malasigue Island in the town of Mercedes (see also Pinoy Expose article of June 15, 2021).

Significantly, Cambaya’s “arrest” only came on the heel of the visit of then PNP director general, P/Gen. Guillermo Tolentino Eleazar, to the Bicol region where he gave specific instruction to arrest all the suspects in the Yuson case who are still at-large.

For still unknown reason, the four suspects arrested by the MPD at the time and who were similarly charged along with Cams managed to post bail and their whereabouts is still unknown up to now.