CASE UNCLOSED: May 14 2009

  • 2 days ago
Arnold Clavio
Transcript
00:00He was jailed for the murder of Kochis Bernabe and Bibam Castaños,
00:0711 years ago.
00:09Why are you doing this to me?
00:14But for some reason,
00:16President Arroyo gave Rodolfo Manalili an executive clemency.
00:24Why did he start his sentence?
00:26He was given a double life sentence.
00:31Rodolfo Manalili actually has no participation into the crime.
00:37And this is the very reason why the office of the Solicitor General
00:42recommended an acquittal for the case of Rodolfo Manalili.
00:48We want to know the reason.
00:50Based on that, they should be prepared because they need to answer.
00:56What are the reasons behind the death of two young lovers?
01:02Good evening, I am Arnold Glavio.
01:04Yesterday's questions will be answered here in Case Unclosed.
01:21It was past 6 o'clock in the evening of April 25, 1990.
01:27One happy afternoon,
01:30Ernesto Kochis Bernabe II and Ana Lourdes Bibam Castaños met.
01:40But before they could reach their destination,
01:43Don't come here.
01:45Why?
01:47Don't come here.
01:48Don't come here.
01:49Don't come here.
01:58After parking at the direct hamburger restaurant,
02:03they saw the next lancer.
02:06Suddenly, from behind,
02:08they turned around and saw them.
02:12Kochis and Bibam were immediately arrested and taken to the police station.
02:27It has been 19 years since Kochis and Bibam were forced to be arrested
02:33by armed men here in the Panolocan of Timog and Morato.
02:36Especially the lovers who used to eat here in a restaurant.
02:42Don't come here.
02:44Don't come here.
02:47In a warehouse in Pampanga, Kochis and Bibam were brought here.
02:51They were not aware of the real reason for their arrest.
03:00According to the witness Raul Morales,
03:03the warehouse where the two were brought is haunted.
03:06Don't come here.
03:08Don't come here.
03:12Don't come here.
03:15Don't come here.
03:17I will kill you.
03:22He saw how hard it was for the lovers.
03:26Kochis was helpless when it came to that.
03:33Based on the autopsy,
03:36multiple stab wounds and a slit in the leg.
03:42Kochis was killed in the warehouse.
03:51They buried the lovers in a hut outside the warehouse.
04:00Don't come here.
04:02Don't come here.
04:04Don't come here.
04:06While Bibam was taken away by a group.
04:12Don't worry.
04:14We will take care of it.
04:16You will be next.
04:18Bibam was taken to a barrio, barangay in Agustin.
04:23He was killed there, about 2 kilometers away from the warehouse.
04:27Bibam was also killed by stab wounds.
04:32Based on the investigation of the Philippine National Police,
04:35Kochis and Bibam were not guilty of the real murder of the two men that night.
04:41It means that they were just victims of mistaken identity.
04:46The mastermind of the crime is Rodolfo Manalili,
04:51the brother of Delphine Manalili,
04:53the former wife of Joy Manalili, Chahin, of Bibam.
04:58They were separated.
05:01Now, during the birthday party of one of their children,
05:08Manalili's brother arrived.
05:12And during the party, someone shot Manalili's brother.
05:17Delphine Manalili was killed that day by Robert Herrera.
05:21Chahin of Bibam, Joy, had a new relationship.
05:25Because of the murder of his brother,
05:28Rodolfo Manalili looked for people to help him catch the suspect, Robert Herrera.
05:36Manalili asked for help from his friend, Filimon Garcia.
05:40He introduced him to the police, Roberto Leasing.
05:46No problem, brother.
05:47You can count on me.
05:49No problem, brother.
05:50You can count on me.
05:55Filimon Garcia introduced him to Roberto Rambo Leasing.
06:02He introduced Manalili to him.
06:05And then they agreed for the price of Php 50,000.
06:10Supposedly, Herrera will look for him and arrest him.
06:14They had a stakeout at Castaños' house.
06:21Nothing happened the day before.
06:23On April 25, when they were guarding Castaños' house,
06:30a man and a woman came out.
06:33It turned out to be Cochis and Bibam.
06:37Two months before the bodies were found,
06:40Cochis and Bibam were found.
06:43A lot of people came out.
06:46You know, there were people who were still trying to take advantage of the situation.
06:54We saw them asking for money.
06:58That happened for two months.
07:02When Froylan Olimpia, the security guard of the store next to the crime scene,
07:07saw the kidnapping of Cochis and Bibam, the suspects were shocked.
07:16When Raul Morales, the owner of the warehouse, came out,
07:19he called Manalili as his accomplice.
07:23That's when he decided to kill Cochis.
07:30What are they going to do to us?
07:32Where are you taking us?
07:33What are they going to do to us?
07:35According to Morales,
07:37a few moments after he opened the gate and let the group enter,
07:42Manalili arrived at the warehouse on the early morning of April 26, 1990.
07:49He was seen by Bibam.
08:00But Manalili did not notice the woman.
08:02Instead, he continued to beat them up.
08:08While Cochis was being beaten up,
08:11Manalili appeared and watched what was happening.
08:22This is Manalili.
08:25When he said that he was wrong to leave,
08:27he said,
08:28I told him to leave.
08:29He promised to leave,
08:30but he did not know that he was being beaten up.
08:32That's their difference.
08:34Manalili did not realize that he had nothing to do with the kidnapping of Cochis and Bibam.
08:39His only target was his brother.
08:45It was just a short time,
08:46and Ernesto Bernabé de Secan or Cochis would become a famous lawyer.
08:51But his dream came true early.
08:54He was reviewing for the bar at that time.
08:58They said that he could have topped the bar.
09:00He was the candidate of UP to top the bar that year.
09:05He was an idol.
09:06He was somebody to admire.
09:09That's why Cochis' friends were very worried about his sudden death.
09:14When he joined the fraternity,
09:16we asked him what his ambition in life was.
09:20He wanted to be the president of the Philippines.
09:22And we saw in his moves,
09:24in his intelligence,
09:25in his ability,
09:26that maybe one day he could become the president.
09:31Cochis and I were classmates.
09:36We both joined the fraternity at the same time.
09:39We were batchmates.
09:41We both joined the campus politics.
09:43He was the first one.
09:44He was the one who convinced me to join the campus politics.
09:49I was not interested in being an activist back then.
09:53We were very close to Cochis.
09:56It's sad to think that his death was in that way.
10:02Forget it.
10:03The next two months of searching for their family,
10:06Cochis and Bipam,
10:07was when they were arrested.
10:10Apparently, the perpetrator,
10:13the former common law wife of Lising,
10:17told two stories.
10:20But maybe because of the publicity,
10:22they were able to find Cochis and Bipam.
10:25These two security guards went there.
10:28The late Fiscal Bernabe.
10:31This is what the reporter, Raul Morales, told us.
10:38Rambo Lising was killed as if he was a mystery.
10:43The police picked up Raul Morales and gave him a statement.
10:50When Raul Morales was identified,
10:53he pointed to the place where Cochis was found.
10:58In a vacant lot behind a warehouse in San Fernando, Pampanga,
11:03on June 25, 1995,
11:06the perpetrator, Raul Morales,
11:08was identified as the owner of a warehouse in San Fernando, Pampanga,
11:11on June 25, 1990.
11:14The body of Cochis was found.
11:18The next day,
11:19Bipam's henchmen were also found.
11:23Two kilometers away from the scene,
11:26Cochis was found dead.
11:29Rodolfo Manalili was quickly arrested
11:31after he was described as a mastermind.
11:34Morales was an eyewitness
11:36because he was the owner of a warehouse,
11:38one of the salaried workers.
11:41Manalili's defense
11:42was that he saw that Lising and Cochis were in cahoots.
11:48He said that it wasn't Herrera.
11:51He said,
11:52let it go.
11:54That was his story.
11:55Lising and Cochis didn't want this
11:57because they were already acquainted.
12:01But finally,
12:02Manalili was convinced to release him.
12:06The Supreme Court didn't accept it.
12:08They didn't believe it.
12:13After the hearing,
12:14the decision was made by the Quezon City Regional Trial Court.
12:18On July 1, 1992,
12:20the accused were proven guilty in the murder case
12:24and were sentenced twice
12:26for reclusion perpetua.
12:29After almost 20 years,
12:31Rodolfo Manalili was permanently imprisoned
12:34in New Believed Prison in Montinlupa.
12:38Until now,
12:40his conviction is still strong
12:42that he was not guilty.
12:45At first,
12:47I did not commit any crime at all.
12:49I was convicted by trial, by publicity.
12:52They were looking for a big fish.
12:55I'm just a small fry in the ocean, you know.
12:59I don't even know what happened to these people.
13:02I don't even know what crime I committed.
13:07I did not commit any crime.
13:10The Office of the Solicitor General
13:12confirmed Manalili's innocence
13:15and in 1995,
13:16it was recommended to acquit him.
13:20The new statement by the eyewitness
13:23is enough to prove that Manalili is innocent.
13:29I was acquitted by the Solicitor General
13:31sometime in 1995
13:34since I was convicted for a crime
13:36which I had not committed.
13:38The grounds is that I was not present
13:40on the crime itself.
13:41I had nothing to do with the crime.
13:43In fact,
13:45the appeals brief of the Solicitor General
13:48speaks for itself.
13:49I asked them,
13:50I should have been acquitted.
13:51The Supreme Court should have followed
13:53the decision of the Solicitor General.
13:55But they had another decision of their own.
13:57Why do you still insist on this case?
14:00I told them to dismiss the case.
14:02That's what I told them.
14:03That's not Roberto Herrera.
14:05As far as I know,
14:06they dismissed the case.
14:07They said,
14:08we will dismiss the case
14:09as long as you give us your promise of P50,000.
14:12That's what I did.
14:13That's all.
14:14While I was jogging in 1995
14:17inside this compound,
14:19that Dizo approached me.
14:21He said,
14:22he was very remorseful.
14:23He said,
14:24Rudy,
14:25he said,
14:26I apologize to you
14:27because of our crime.
14:28Even I was jailed.
14:30He was very remorseful.
14:31He became a pastor
14:32when he was born again as a Christian.
14:34He became remorseful.
14:36He repented for what they did.
14:38Meanwhile,
14:39in a phone interview
14:40with the chief of BIBAM,
14:41Engineer Robert Castaños,
14:44he condemned
14:45Manalili for not washing his hands.
14:48That's just an excuse by Manalili.
14:50To him,
14:51he's not guilty.
14:54Well, it's not for him to say
14:55whether he's guilty or not.
14:56It's for his answerable
14:59to my brother.
15:00He wouldn't kill a person
15:02if he didn't say it.
15:03He wouldn't kidnap
15:05innocent people
15:06if he didn't say it.
15:08Kidnapping,
15:09etc., etc.
15:10It's on his head.
15:11Look,
15:12his mind is confused.
15:14He said,
15:15he's guilty,
15:16he should be punished.
15:20On March 7,
15:22a good news
15:23was received by Manalili.
15:25His application
15:26for the clemency
15:28of President Arroyo
15:29was approved.
15:30Of course,
15:31I'm happy.
15:32Because I've been requesting
15:34that for a long time,
15:35almost 10 years.
15:37I don't have a lawyer.
15:38There are just
15:39paralegals here
15:40who are prisoners.
15:41I just wrote letters.
15:42And then,
15:43when the time comes
15:44that I was already
15:45qualified already,
15:47they granted me
15:48according to the law
15:49and according to the rules
15:50and regulations
15:51of the Board of Parliament
15:52of the Philippines.
15:56In Manalili's
15:57final moments of freedom,
15:58he is ready to face
15:59the judgmental society
16:00that will meet him.
16:03I was imprisoned
16:04by a criminal.
16:05I didn't do this.
16:07And I could swear to the Lord
16:08that I didn't do this crime.
16:10I don't even,
16:11I don't even know this, guys.
16:13Well,
16:14I was a victim
16:15of injustice,
16:16actually.
16:18Injustice.
16:19And
16:22because of
16:23very powerful people.
16:24Let me
16:25pose a question
16:26to you.
16:28If a person will tell you
16:29that he
16:30he or she
16:31saw
16:33these two,
16:35knowing the circumstances
16:37that you were kidnapped
16:38and taken away,
16:40in front of you,
16:42what would you do
16:44as a normal human being
16:45with a heart?
16:47Would you just tell the killer
16:49to let go
16:50and that's it?
16:52When I was
16:53talking with the
16:54NBI agent
16:55who were interviewing
16:58the suspects,
17:00my niece heard
17:02the voice of
17:04Manalili
17:05and she begged
17:06for her life.
17:09What is your plan for freedom?
17:10I want to go back
17:11to my family,
17:12pick up the pieces
17:13and rebuild my life
17:14again once more
17:15with the help of God.
17:16I have no
17:17bad feelings towards them.
17:19I have no
17:20anger,
17:21no nothing.
17:23I don't even think
17:24about it.
17:27I don't even think
17:28that I will be like this.
17:29No, no, no way.
17:31I said,
17:32there is God.
17:33God is here.
17:35God will take care of it.
17:36That's what I said.
17:38April 25, 2011
17:39The 11th anniversary
17:40of the death of
17:41Cochise.
17:44But after 11 years,
17:46the so-called
17:47mastermind of the crime
17:49was instigated
17:50by Executive
17:51Clemencing.
17:54Yes,
17:55it's like
17:56I don't know
17:57what to do.
17:58I don't know
17:59what to do.
18:01I don't know
18:02what to do.
18:03I don't know
18:04what to do.
18:05I don't know
18:06what to do.
18:07Yes,
18:08after all these
18:09years,
18:11the wound
18:12has opened again.
18:14You know,
18:15those wounds,
18:17it's there,
18:18it's not
18:19completely
18:20healing.
18:22You just try
18:23to forget it.
18:24To bring that,
18:26to receive a news
18:27like that,
18:28brings back
18:29all the memories
18:30of what happened.
18:33The government
18:34did not make
18:35an apology
18:36to Manalili.
18:38I really feel
18:39bad about this.
18:40I didn't receive
18:41any letter
18:43from anyone,
18:44from the OJ,
18:45from Malacanang.
18:47I haven't received
18:48any apology
18:49from the accused.
18:51There's no official
18:52communication
18:53from any
18:54government agency.
18:56At present,
18:57Manalili has been
18:58in prison for 11 years.
19:00He was sentenced
19:01to double
19:02reclusion perpetua
19:03but because
19:04of the commutation
19:05of sentence
19:06that was given
19:07to him,
19:08he will only reach
19:09from 20
19:10to 25 years
19:11in prison.
19:13This is according
19:14to the guidelines
19:15followed by
19:16the Board of
19:17Pardons and Parole.
19:20According to
19:21the Board of
19:22Pardons and Parole,
19:23the approval
19:24of Manalili's
19:25clemency
19:26went through
19:27the right process.
19:28In 2005,
19:30the name of
19:31Mr. Manalili
19:32was published
19:34in Philippine Star.
19:36But we have not
19:37received any objection
19:39coming from any
19:40relatives or
19:41other interested
19:42party.
19:43Again,
19:44in April 2008,
19:47the notices
19:48were sent
19:49to the convicting
19:50trial judge,
19:51the prosecutor's
19:52office.
19:54But insofar
19:55as the relatives
19:56of the victims
19:57were concerned,
19:58no actual
19:59addresses
20:00were provided
20:01or available
20:03in the records
20:04of Mr. Manalili.
20:05I was thinking
20:06about the due
20:07process,
20:08notice and hearing.
20:10I did not get
20:11a notice,
20:12I did not get
20:13a hearing.
20:14For them,
20:15it was posted
20:16in one newspaper
20:17together with
20:18many names.
20:19It's likely
20:20that it's small
20:21and you can't
20:22read it.
20:23I said,
20:24is it that hard
20:25to send
20:26a letter?
20:29According to
20:30the law,
20:31the decision
20:32was made
20:33by the board
20:34plus Father
20:35Jimmy Giron.
20:36The board
20:37recommended
20:38that Manalili
20:39be given
20:40a clemency.
20:41First,
20:42Manalili
20:43completed
20:44his minimum
20:45sentence of
20:4617 years in
20:47prison.
20:48He has
20:49already served
20:5020 years,
20:523 months
20:53and 8 days
20:56including
20:57his good
20:58conduct time
20:59and his
21:00preventive
21:01imprisonment
21:02of 7 years,
21:042 months
21:05and 28 days.
21:07Aside from this,
21:08the office
21:09of the solicitor
21:10general also
21:11recommended
21:12that Manalili
21:13be acquitted
21:14after re-studying
21:15his case.
21:16Rodolfo
21:17Manalili
21:18actually has
21:19no participation
21:20into the crime.
21:22And this is
21:23the very reason
21:24why
21:25the office
21:26of the solicitor
21:27general
21:28recommended
21:29an acquittal
21:31for the case
21:32of Rodolfo
21:33Manalili
21:34because
21:35Rodolfo
21:36Manalili
21:37was actually
21:38searching also
21:39for justice
21:40for the death
21:41of his
21:42brother.
21:43According to
21:44their review
21:45of Manalili's
21:46case,
21:47it was proven
21:48that the
21:49testimony
21:50of the
21:51defendant
21:52Raul
21:53Morales
21:54was not
21:55strong
21:56because
21:57of
21:58the
21:59testimony
22:00of the
22:01defendant
22:02Raul
22:03Morales.
22:04According
22:05to their
22:06review,
22:07it was
22:08proven that
22:09the testimony
22:10of the
22:11defendant
22:12Raul
22:13Morales
22:14was not
22:15strong
22:16because
22:17the
22:18testimony
22:19of the
22:20defendant
22:21Raul
22:22Morales
22:23was not
22:24strong
22:25because
22:26it
22:27was
22:28a
22:29present
22:30of
22:31dedication
22:32which
22:33led
22:34the
22:35defendants
22:37to
22:38start
22:39diagnostic
22:40quickly.
22:48The
22:49Supreme
22:50Court
22:52canceled
22:54the
22:55But if there was a lack in this process and the Board of Pardons and Paroles made a mistake, if the Board of Pardons and Paroles abused its authority, the case could be reversed.
23:12That's why he asked the Senate for a resolution that would remove the Board of Pardons and Paroles from the system.
23:20That's why it's better if they face the Senate for an investigation.
23:24We want to know what the basis is.
23:27If they can explain it to us, we won't have a problem.
23:30But if they can't, because they need to answer.
23:36Actually, I have to make it clear that the Board was created by the law to uplift and redeem valuable materials for economic usefulness and to prevent unnecessary and executive deprivation of personal liberty.
24:00In the case of Rodolfo Manalili, we welcome all parties to come to our office.
24:05We will open our records and see for themselves the different documents as our basis for recommending his executive clemency.
24:16Based on the data of the Board of Pardons and Paroles, as of the time of President Gloria Macapagal-Arroyo, the number of clemency and pardons was very low.
24:26It reached 2,266.
24:32There is no priority in so far as the deliberations of cases of prisoners.
24:41The moment that a particular prisoner has met the minimum requirements, immediately after, upon completion of the requirements, we submit it to the members of the Board.
24:53However, in the order of pardon and clemency, in controversial cases, it's inevitable that the decision of the President will be misjudged.
25:05In short, many are asking why those who are strong will not be jailed?
25:10Why those who are heavy will not be able to break the law?
25:14Why those who have sinned until now will not be punished?
25:18And those who were punished were released.
25:21I think it's not right and it's not a good sign for our system of justice.
25:29The controversial cases, the high-profile cases, it became incidental that at this point in time, they were considered by the President.
25:40For the families of the victims, whether they will be jailed or not, the pain they are enduring will not be reduced.
25:49As a lawyer and also as a government official, I have seen many people lose their trust in our courts.
25:58And to think, like this case of my brother, we can say that we are already in a good position in the society.
26:10What will happen to us, maybe those who are ordinary and small in number, they will lose their trust.
26:24For those who loved their lives, who were raped and bombed, forgiveness is not enough.
26:29It's not easy to forget.
26:31As long as they live, they will carry the stigma of corruption.
26:36It's scary to think that any time, justice can be restored to those who have committed crimes.
26:44It's one of the things that makes me cry.
26:45If I have nothing to do, and if I have nothing to do, and if I have nothing to do, and if I have nothing to do,
26:48and if I have nothing to do, and if I have nothing to do, and if I have nothing to do,
26:50and if I have nothing to do, and if I have nothing to do,
26:51and if I have nothing to do, and if I have nothing to do,
26:52and if I have nothing to do, and if I have nothing to do,
26:53and if I have nothing to do, and if I have nothing to do,
26:54and if I have nothing to do, and if I have nothing to do,
26:55and if I have nothing to do, and if I have nothing to do,
26:56and if I have nothing to do, and if I have nothing to do,
26:57and if I have nothing to do, and if I have nothing to do,
26:58and if I have nothing to do, and if I have nothing to do,
26:59and if I have nothing to do, and if I have nothing to do,
27:00and if I have nothing to do, and if I have nothing to do,
27:01and if I have nothing to do,
27:02and if I have nothing to do,
27:03and if I have nothing to do,
27:04and if I have nothing to do,
27:05and if I have nothing to do,
27:06and if I have nothing to do,
27:07and if I have nothing to do,
27:08and if I have nothing to do,
27:09and if I have nothing to do,
27:10and if I have nothing to do,
27:11and if I have nothing to do,
27:12and if I have nothing to do,
27:13and if I have nothing to do,
27:14and if I have nothing to do,
27:15and if I have nothing to do,
27:16and if I have nothing to do,
27:17and if I have nothing to do,
27:18and if I have nothing to do,
27:19and if I have nothing to do,
27:20and if I have nothing to do,
27:21and if I have nothing to do,
27:22and if I have nothing to do,
27:23and if I have nothing to do,
27:24and if I have nothing to do,
27:25and if I have nothing to do,
27:26and if I have nothing to do,
27:27and if I have nothing to do,
27:28and if I have nothing to do,
27:29and if I have nothing to do,
27:30and if I have nothing to do,
27:31and if I have nothing to do,
27:32and if I have nothing to do,
27:33and if I have nothing to do,
27:34and if I have nothing to do,
27:35and if I have nothing to do,
27:36and if I have nothing to do,
27:37and if I have nothing to do,
27:38and if I have nothing to do,
27:39and if I have nothing to do,
27:40and if I have nothing to do,
27:41and if I have nothing to do,
27:42and if I have nothing to do,