Motion for Reconsideration: Justice shall be served! A Recap: From Oct. 31, 2011 to Present.


Note: Below, you will be able to download documents relating to the Ram Revilla Murder Case. This is just a reminder that some browsers doesn’t work with the download. Please use a different browser if it doesn’t work. Thank you! If not, you can use the Contact Us Page and message us so that we can specifically send you the document you want to download.

LAST SEPT. 4, 2013 the Judge ordered the DENIAL of the PETITION FOR BAIL filed by RJ BAUTISTA and other accused. Only one (1) of the accused has been granted bail and that is Roy Francis Tolisora, the alleged gun-man, whom he admitted in his affidavits that he was really a hired killer and suddenly just backed-out.

The Order dated Sept. 4, 2013 states:

x x x WHEREFORE, all the foregoing duly considered, this Court rules as follows: (a) find the evidence of guilt of accused RAMON JOSEPH BAUTISTA Y MAGSAYSAY, GLAIZA VISDA Y RIVERA alias GLAIZA VISTA, JAN NORWIN DELA CRUZ Y GENTELIZO alias TOTO, RYAN PASTERA Y MONTINOLA alias BRYAN, and MICHAEL JAY NARTEA Y CRUZ alias MICHAEL to be strong, accordingly, their petitions for bail are DENIED. (b) find the evidence of guilt of accused ROY FRANCIS TOLISORA y HERRERA alias KIKO to be not strong, the petition for bail for accused is GRANTED. The amount of bail for said accused is fixed in the amount of Two Hundred Thousand Pesos (Php200,000.00) for his provisional liberty. x x x

According to the Honorable Judge, the evidence against all the accused are STRONG which signifies the DENIAL of the BAIL. With all due respect, as always maintained, WE BEG TO DISAGREE. Click here to download the ORDER of the Judge dated Sept. 4, 2013.

On that Order, the Honorable Court relied on the thesis of Regalado that asserted that when the Prima facie evidence unexplained and uncontroverted is sufficient to maintain the proposition affirmed. The accused disagrees with the conclusion reached by the Court when it surmised that since the defense has not presented rebuttal evidence, then the prosecution’s evidence standing alone would merit the continued denial of bail. Such proposition is downright unfair, unjust and unwarranted considering that the evidence so far presented by the prosecution against the accused RAMON JOSEPH BAUTISTA Y MAGSAYSAY is so weak that his continued confinement would be a denial of his basic right guaranteed under the Constitution to be entitled to bail even for a capital offense when the evidence could not warrant further denial of bail.

With that, the defense has no other choice but to file a Motion for Reconsideration in connection with the denial of the Petition for Bail. Given that, only three (3) accused filed a Motion for Reconsideration: Ramon Joseph Bautista, Ryan Pastera and Glaiza Visda.

Motion for Reconsideration

The Motion for Reconsideration (MR) filed by RJ Bautista through his counsels explained that the evidence used against RJ Bautista is so weak that the continued denial of his bail would be against his basic right. Also, it is again reiterated that he was arrested illegally and therefore detained illegally that was discussed in his Motion to Quash.

Download File: File Description:
Click the download button on the left side to download the RJ Bautista’s Motion for Reconsideration document in connection with the denial to Bail.

Download the file above to see the Motion for Reconsideration document filed by Ramon Joseph (RJ) Magsaysay Bautista. Read the grounds that his lawyer(s) stated for the Honorable Judge to reconsider his decision.

Download File: File Description:
Click the download button on the left side to download the Prosecution’s Comment (Re: the Motion for Reconsideration) document in connection with the denial to Bail.

Download the file above to see the Prosecution’s Comment (Re: the Motion to Quash of the accused). Read the Prosecution’s comment and opposition to the Motion for Reconsiderations filed by the accused.

Download File: File Description:
Click the download button on the left side to download the RJ Bautista’s Reply (Re: the Prosecution’s Comment to the Motion for Reconsideration) document in connection with the denial to Bail.

Download the file above to see the Reply of RJ Bautista’s lawyer in regards to the COMMENT of the Prosecution.


Timeline of Events: From Oct. 31, 2011 to Present

Ramon Joseph Magsaysay Bautista was arrested last October 31, 2011 at 11:30pm or just three (3) days after the crime.

  • On that fateful night of October 31, 2011 while the accused was on board a motor vehicle together with his youngest (male) sibling and elder sister coming out of their Patriarchial house in Bacoor, Cavite coming from the wake of his brother RAMGEN MAGSAYSAY BAUTISTA, a group of men holding heavy firearms asked them to pull over.

  • They asked herein accused: “Bryan, Bryan, ikaw ba si Bryan?” Herein accused answered in the negative and gave his name. Suddenly, the other men opened the car’s back door where his youngest sibling was seated and two men poked the heavy firearms to his sibling and asked the same question if accused younger sibling is “Bryan” and accused younger brother managed to say he is not the Bryan that the men were looking for;
  • After a while, it turned out that the men looking for a certain Bryan were police officers and their leader who accused later knew was Major Torred, managed to call over the phone to speak with the accused half brother Sen. Bong Revilla, who gave instruction for the police to get the accused be directed to Paranaque Police Station just for some questioning while the two other police seated at the back seat still carrying a large firearm. Herein accused was able to talk to his brother Sen. Bong Revilla on the same cellular phone that the police used and informed him that the police is asking him to go with them to their office for questioning of which Senator Bong Revilla, told the accused to follow the police, and in spite of a fever at that time, accused with his other siblings went directly on convoy to the Paranaque Police Headquarters;
  • At the Paranaque City Police Headquarters, the Police officers sent the accused and siblings to an private air conditioned office and even bought medicine for the accused and Mc Donald’s burger at that time which the accused and siblings consumed while the Police Officers was happily conversing with them;
  • It was only when the accused biological mother arrived that the Police officers particularly Major Torred informed all of us that they are apprehending the accused as suspect for the death of his brother RAMGEN MAGSAYSAY BAUTISTA;
  • Accused was not given the opportunity to meet face to face with the police witness who would identify his person and his rights under the Miranda Doctrine was likewise, not performed at the time of their so called “arrest”;
  • The next day, Nov. 1, 2011 accompanied by his mother, Genelyn Magsaysay and lawyer at that time, Atty. Dennis Manzanal, RJ Bautista was brought to the Paranaque City Prosecutor’s Office for Inquest. RJ’s camp did not execute the waiver under the provisions of Article 125, as a result RJ Bautista was not subjected to Preliminary Investigation. RJ’s case was submitted for Resolution and has been passed and elevated to the Regional Trial Court (RTC) Branch 274.

Download File: File Description:
Click the download button on the left side to download the Joint-Affidavit of Arrest by the Paranaque Police regarding the “invitation” made to RJ Bautista last Oct. 31, 2011 at around 11:30pm.

If you are not aware on how our Justice System works here in the Philippines, here it is: Inquest or Preliminary Investigation, if probable cause found –> To the Court –> Arraignment –> Pre-Trial –> Trial –> Judgement / Promulgation.

To the Court: RTC Branch 274

As the case of RJ Bautista was elevated to the court. His former lawyer, Atty. Manzanal filed a Motion to Quash Information, as believed that he was arrested illegally and therefore detained illegally.

Motion to Quash Information

Show / Hide to DOWNLOAD Documents relating to the Motion to Quash


It states, “The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches or seizures. Any evidence obtained in violation of said right shall be inadmissible for any purpose in any proceeding. Indeed, while the power to search and seize may at times be necessary to the public welfare, still it must be exercised and the law implemented without contravening the constitutional rights of the citizens, for the enforcement of no statute is of sufficient importance to justify indifference to the basic principles of government.(Valdez vs People, G.R. No. 170180, November 23, 2007)

Justifying RJ’s arrest

  • Now, in justifying the arrest of the accused, the Paranaque Police invoked the police theory of Hot Pursuit. However, this theory is belied by the fact that THEY INVITED RJ BAUTISTA FOR SOME QUESTIONING and even so, the arresting officers did not have personal knowledge of the crime allegedly committed at the residence of the accused. Neither the alleged reportee, Ruel Puzon has personal knowledge of the commission of the crime.

  • In a “Hot Pursuit Operation“, it falls under Section 5(b) of Rule 113 of the Revised Rules of Criminal Procedure as amended.

Sec. 5. Arrest without warrant: When lawful – A peace officer or a private person may, without a warrant, arrest a person: x x x (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and x x x

Going back to the Motion to Quash, it is stated that at anytime before entering his plea, the accused may move to quash the complaint or information in accordance with Section 3, Rule 117 of the Rules of Court, which provides:

Sec. 3. Grounds: The accused may move to quash the complaint or information on any of the following grounds: x x x (c) That the court trying the case has no jurisdiction over the person of the accused; x x x

In several cases, it has been recognized by the Court that the legality of an arrest affects the jurisdiction over the person of the accused. (Diamante vs. People of the Philippines, G.R. No. 180992, September 4, 2009; Dolera vs. Philippines, G.R. No. 180693, September 4, 2009; People vs Alunday, G.R. 181546, September 3, 2008)

However, last December 16, 2011 the Court denied RJ Bautista’s Motion to Quash Information in favor of the prosecution.

Arraignment:

(Arraignment Page can be found here)

  • Nov. 16, 2011 is the original set date for the arraignment, however it was reset to Jan. 17, 2012 since there was a pending motion that needs to be resolved first.

  • On January 17, 2012, RJ Bautista, Michael Nartea, and Roy Francis Tolisora pleaded “NOT GUILTY” to charges against them.
  • On January 2012, Ryan Pastera, Glaiza Visda, and Norwin dela Cruz pleaded “NOT GUILTY” to charges against them.

Charge sheet / Information

The accusatory allegations of the ”amended criminal information” indicting all the accused for the non-bailable offense of murder are as follows:

“The undersigned Assistant City Prosecutor accuses, Ramon Joseph Bautista, Michael Jay Nartea alias “MICHAEL”, Roy Francis Tolisora alias “KIKO”, Ramona Bautista alias “MARA”, Glaiza Visda alias “GLAIZA VISTA”¸ Norwin dela Cruz alias “TOTO”, and Ryan Pastera alias “BRYAN” of the crime of murder, committed as follows:

That on or about the 28th day of October 2011, at the City of Parañaque, Philippines and within the jurisdiction of this Honorable Court, the above named accused, conspiring and confederating together and all of them mutually helping and aiding one another with intent to kill, did then and there willfully, and unlawfully and feloniously attack, shoot with unlicensed firearm and stab with a bladed weapon one RAMGEN JOSE BAUTISTA y MAGSAYSAY, hitting him on the different parts of the body, thereby inflicting upon him serious physical injuries which directly caused his death, the said killing having been attended by the qualifying circumstances of treachery, evident premeditation, committed in consideration of a price, reward or promise, and abuse of superior strength, and the attendant ordinary aggravating circumstances of a crime committed in a dwelling during nighttime and employment of disguise which qualify such killing to Murder.”

Pre-trial:

(Pre-trial Page can be found here)

  • March 1, 2012 is the original set date for the Pre-trial, however it was reset to March 15, 2012, due to the “pre-marking of evidence” must be set first.

  • March 15, 2012, the second set date for the Pre-trial, however it was reset again and scheduled on March 19, 2012 due to the ”absence” of State Prosecutor Quetulio.
  • March 19, 2012, Pre-trial pushed through. All pre-marked evidence ”accepted”.

Accused Petition for Bail Filed


Download File: File Description:
Click the download button on the left side to download the Petition for Bail that RJ Bautista filed last Jan. 11, 2012

All accused, except for Ramona Bautista, filed a Petition for Bail to ask the court for their temporary liberty since the prosecutor didn’t recommend any bail, in regards to the murder charge, for all of the accused.

It was ruled that, “As a general rule, a person in custody shall, before final conviction be entitled to bail as a matter of right.” 1 When evidence of guilt is strong, a person shall not be entitled to bail if charged with a capital offense or with an offense that under the law is punishable with reclusion perpetua at the time of its commission and at the at the time of the application for bail.

From the foregoing, it is clear that it is jurisprudentially settled that before conviction of an offense punishable by death, reclusion perpetua, or life imprisonment, when evidence of guilt is NOT strong, ”bail becomes a matter of right”.

  • Supreme Court in Paras v. Baldado cites: “No person shall be deprived of life, liberty, honor or property without due process of law, nor shall any person be denied the equal protection of the laws”.

    RJ Bautista and other accused, through their respective lawyers filed their Petition for Bail. For RJ Bautista’s part, his petition for bail states the following grounds:

    1. ACCUSED RAMON JOSEPH M. BAUTISTA, HAD BEEN CHARGED WITH MURDER AND FRUSTRATED MURDER BASED ON HEARSAY EMMANATING FROM TESTIMONIAL HEARSAYS OF QUESTIONABLE AND/OR POLLUTED SOURCES.

    2. THE ARREST OF THE ACCUSED IS QUESTIONABLE AND BORDERING ON ILLEGALITY OF THE CONTINUED DETENTION OF THE ACCUSED IS ESSENTIALLY ARBITRARY IN CHARACTER BASED ON MISTAKEN IDENTITY ANCHORED ON MERE ALLEGATIONS OF HOT PURSUIT WITHOUT A WARRANT, AS MANDATED BY THE MOST BASIC AND PARAMOUNT LAW OF THE LAND, THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES AND ITS SUPREMACY MUST BE UPHELD.
    3. PRIVATE COMPLAINANT HONORABLE PHILIPPINE NATIONAL POLICE, HAS NO DIRECT PERSONAL KNOWLEDGE INORDER FOR THEM TO QUALIFY AS PRIVATE COMPLAINANT IN THE INSTANT CASE. WHICH IS HEREBY STATED WITH ALL HUMILITY AND RESPECT TO LAWFUL AUTHORITIES TO SERVE THE ENDS OF JUSTICE.

Let us always remember, “Accusation is not synonymous with guilt. Every circumstances favoring the accused’s innocence must be taken into account. Proof against him must survive the test of reason; the stronger suspicion must not be permitted to sway judgement. The conscience must be satisfied that on the defendant could be laid the responsibility for the offense charged. What is required is moral certainty. 2

Petition for Bail Trial: Prosecution Witnesses

As for all the accused filed a Petition for Bail, the court has to hear first the Petition for Bail before it could go to the main trial. For the Prosecution for its presentation of evidence presented seven (7) witnesses with the following testimony with our comments:

  1. First witness of the prosecution is Senior Police Officer 4 (SPO4) Charlie Bayoca of the Philippine National Police.
    Show / Hide to read the Testimony of this Witness

  2. Second witness of the prosecution is Ruel Puzon y Yumang, the alleged INFORMANT, STAR witness, and the supposed REPLACEMENT GUNMAN.
    Show / Hide to read the Testimony of this Witness

  3. Third witness of the prosecution is Ronaldo Ancajas y Flores, the guard and PA of the late, Ram Revilla..
    Show / Hide to read the Testimony of this Witness

  4. Fourth witness of the prosecution is Janelle Manahan y Quintano, the former girlfriend of the late Ram Revilla, also complainant in the Frustrated Murder case.
    Show / Hide to read the Testimony of this Witness

  5. Fifth witness of the prosecution is Dr. Dominic L. Aguda, the Medico-Legal Officer of the NBI.
    Show / Hide to read the Testimony of this Witness

  6. Sixth witness of the prosecution is Sheridan Embat, the police tagged him as to “where it all started”.
    Show / Hide to read the Testimony of this Witness

  7. Seventh witness of the prosecution is Nino Tabada, the security guard of the village.
    Show / Hide to read the Testimony of this Witness

After presenting seven (7) witnesses, the Prosecution asked the Court for thirty (30) days to file their Formal Offer of Evidence.

Download File: File Description:
Click the download button on the left side to download the Prosecution’s Formal Offer of Evidence filed in Court.

Right after the Prosecution filed their Formal Offer of Evidence, the Defense replied and filed their opposition to the Offer, then the Honorable Court Ordered on June 3, 2013 directing all accused to manifest if still they intend to present evidence before the court will consider the incidents of Petitions for Bail be submitted for resolution.

At that juncture, the Defense filed a Manifestation that in lieu of presenting evidence, the Defense would just move to file a Memorandum in support for the Petitions for Bail.

Download File: File Description:
Click the download button on the left side to download RJ Bautista’s Manifestation (Re: the Order to Present Evidence or Not) filed in Court.

Memorandum filed by the Accused

The defense filed their Memorandum (In Support for the Petitions for Bail). Below is RJ Bautista’s Memorandum in Support for his Petition for Bail. Also, download below the Manifestation filed by RJ Bautista to ask the Honorable Court to resolve the Petition for Bail due to the time given that the other accused hasn’t file their respective Memorandums.

Download File: File Description:
Click the download button on the left side to download RJ Bautista’s Memorandum (In Support for the Petition for Bail) filed in Court.
DOWNLOAD
Click the download button on the left side to download RJ Bautista’s Manifestation (That the Court should resolve the Petition for Bail) filed in Court.

Petition for Bail submitted for Resolution

After the Court gave all the accused time to file their respective Manifestations and Memorandums, only RJ Bautista and Ryan Pastera, through counsels, was able to file their Memorandums. With that, the Court ordered the incidents of Petitions for Bail of all the accused be submitted for Resolution.

Download File: File Description:
Click the download button on the left side to download the Order (072213) – Petitions for Bail submitted for Resolution document released by the Court.

Bail Resolution & Motion for Reconsideration

If you have missed the Download option at the top most portion of this post, below are the download links for the Bail Resolution and for the Motion for Reconsideration filed by RJ Bautista.

Download File: File Description:
Click the download button on the left side to download Order (090413) – Bail Resolution released by the court resolving the Petitions for Bail by all of the accused.
Click the download button on the left side to download the RJ Bautista’s Motion for Reconsideration document in connection with the denial to Bail.
Click the download button on the left side to download the Prosecution’s Comment (Re: the Motion for Reconsideration) document in connection with the denial to Bail.
Click the download button on the left side to download the RJ Bautista’s Reply (Re: the Prosecution’s Comment to the Motion for Reconsideration) document in connection with the denial to Bail.

Notes:

  1. People vs. Presiding Judge, RTC Muntinlupa City [Br. 276] 431 SCRA 391
  2. People v. Bania, G.R. 46524, 31 Jan. 85
  3. Sworn Statement given to the Police of Janelle Manahan
  4. http://www.philstar.com/metro/2012/10/10/857886/medico-legal-officer-details-ramgens-wounds
  5. http://newsinfo.inquirer.net/99887/another-sister-linked-to-slay
  6. People of Phils. vs RJ Bautista, et. al., March 12, 2013 at 8:30am, Transcript of Stenographical Notes (TSN): 63 pages (031213TSN)
  7. People of Phils. vs RJ Bautista, et. al., March 19, 2013 at 8:30am, Transcript of Stenographical Notes (TSN): 62 pages (031913TSN)
  8. Sworn Statement of Niño Tabada, taken last Oct. 29, 2011 by Police Officer 2 Encallado, 4 pages
  9. Sworn statement of Tabada
  10. 031213TSN
  11. 031213TSN
  12. 031213TSN
  13. Sworn statement of Tabada
  14. 031213TSN
  15. Sworn statement of Tabada
  16. 031913TSN

[Video] 2nd Death Anniversary: Still being missed, share your testimony of Ramgen! How can we find real justice?


Today, Oct. 29, 2013 will officially mark the 2nd Death Anniversary of Ramgen Jose Magsaysay Bautista also known as Ram Revilla. He died around 11:30pm on Oct. 28, 2011 and officially declared dead on arrival on the early morning of Oct. 29, 2011.

Last year, we offered our prayers for justice to be served but until now we don’t have answers to our questions. Also, family and friends released balloons saying their messages for Ramgen. (See 1st Death Anniversary details)

And yesterday, Oct. 28, 2013, we commemorated Ramgen’s 2nd Death Anniversary with our family members. Again like last year, RJ Bautista was allowed to visit for the 2nd time the grave of our beloved eldest brother and now which made it more exceptional was that our Father, Ramon Revilla, Sr. and our other half-siblings were able to attend it and remember Ramgen with us. This is also the first time that our Father and almost the whole clan was able to be reunited once again after the tragic incident. (See also: Ramon Revilla, Sr.’s Official Statement about the Ramgen Case and also check the 2nd Death Anniversary Page with pictures)

The Magsaysay’s, Bautista’s and the Revilla’s sung

With Ramon Revilla, Sr., family and the church, we sung this hymn:

  1. There was a time,
    when you feel that you are lonely.
    There was a time,
    when you feel you’re alone.
    Remember my brothers,
    that Jesus loves you so.
    A love that would change your life.

    Chorus:
    Yes, I love you,
    with the love of the Lord forever.
    I love you with all my heart.
    Yes, I love you,
    with the love of the Lord forever.
    My brothers and sisters love you so.

  2. Can you see the sunshine,
    shinning in the sky.
    Can you see the rainbow,
    reflecting on the sea?
    Remember my sisters,
    that Jesus loves you so
    a love that would change your life.
    (Repeat chorus)

We know, in this world, we are never going to be complete again, sad but we must face reality. Ramgen is with our Creator, he is in the place of comfort. And I’m sure even if we haven’t seen each other for a long period of time, I know that he is still watching us and guiding us.

Share you memories with Ram Revilla

image

Testimonial:
A tribute to a simple man with simple wishes. Who and what is Ram Revilla or simply Ramgen to you? Are you his friend? A fan? Share us your memories of him and make it part of this tribute! Send us your message and we will add your testimonial about him here.

How to send us a message? You can use the form at this page and in there you will see "Click here to submit your testimonial" below that page or you can use our "Contact Us" page or by sending us an email at admin@ramrevilla.net. Note: Negative comments will not be entertained especially if it contain libelous materials. Always be reminded of the word respect.

Mahirap mamatayan ng mahal sa buhay. At lalong mahirap kung ang mahal mo sa buhay dumanaa ng di magandang kamatayan... -- Father Ed, during Ramgen's interment.

Gallery of photos

See gallery photos at this link.

How will we have the justice that Ramgen truly deserve?

Ramgen is a Hero. If it weren't for him, Janelle Manahan and Ramona wouldn't be alive today, he died because he was able the fight and save Janelle and Ramona.

But, how? Where is the real justice? We don't know, because the police stopped doing their jobs when they were able to concoct an incredible story. However, we believe there might be a way. The only way we believe is first to find out why those witnesses lied during their testimonies and pinpointing the innocents:

  • As all of you may know, Ronald Ancajas, Ramgen's personal aide and boxing trainer. In his statements we found out that he lied. How could he not hear the noises created upstairs when the room of Ramgen is just below his room, especially when he said he "saw" RJ and Ramona walking out of the village while Janelle is asking for help. (See evidence: Video: Ocular. Proof of Ronald Ancajas lies)
  • Nino Tabada, duty security guard of the village. He said that he did not notice anything unusual, except when he saw RJ Bautista walking out of the village when he just finished roving. However, in court he admitted that he did not conduct any roving activity within the area. (Read his testimony in here)
  • How about the others? Well we believe they are just fall guys, as they admitted, who wanted to have part of the reward money before when they appeared on national television. Roy Francis Tolisora and Michael Jay Nartea, the supposed gunmen, admitted that they were just fallguys and they did not know the victim's brother, RJ Bautista. (Check this video wherein he admitted that he did not know RJ Bautista, but then during the preliminary investigation he changed his statement)

3rd Witness: Ronald Ancajas

Witness Ronald Ancajas’s testimony compared to his statements.

TESTIMONY IN COURT

Testimony date: September 4, 2012

The third witness is Ronaldo Ancajas (Ronald). He testified, that he is the assistant of Ramgen Bautista starting 2007. When there are no film shootings for Ramgen, he takes leave as personal assistant. He returned in 2009 for six months. He then went back as personal assistant of Ramgen when the latter called him up in July 2011. On the night of October 28, 2011, he was at the lanai at the house located at Phase 6-A, President Avenue, BF  Homes, Parañaque City together with Janelle and Ramgen. Ramgen was then doing shadow boxing. He left first at about 10:00 o’clock in the evening because he was not feeling well. He proceeded to the driver’s quarters and slept.

He woke up at around 11:00 o’clock in the evening of the same day, he was about to spit out at the quarter’s window near where he slept when he noticed “Sir Joseph” (referring to accused Ramon Joseph Bautista) walking going out of the gate of the garage at the back of the house and below the quarter (Note: According to his Sworn Statement, he said he saw them leaving the subdivision and not of the garage gate). Joseph is the brother of Ramgen. Joseph was followed by Mara (Ramona) Bautista who is also a sibling of Ramgen. He saw the two from the window when he was about to spit. The garage below was well lit. He did not mind the incident. He then went back to sleep.

At about 12:30 o’clock, he was awakened by the knocking of the policemen. When he went down, he was handcuffed and was taken to the police headquarters for investigation. He was asked if Ramgen had enemies. He answered in the negative. He knows that the siblings had feuds. The latest feud started because of the Strada car Joseph sold. When he was taken by the policemen, he does not know that Janelle was also hurt. When he saw Joseph went out of the garage, Joseph was wearing a dark colored pants maybe colored navy blue or black. He was also wearing a jacket.

During investigation at the police station, he learned through the television that Mara was abducted. He was not offered the reward money, but he was given P40,000.00 and another P10,000.00. Nothing was mentioned to him by Ramgen about the threat to his (Ramgen’s) life. He is not under police protection. (See TSN of September 4, 2012, pp. 9-125)

CROSS EXAMINATION with comparison with the discrepancies to the exisiting Sworn Statement of the witness:

Ronald Ancajas mentioned in his testimony and statement that he did NOT hear anything at all and did not notice anything unusual that night, except the alleged sightings of the siblings of the victim.

Let’s analyze it, Ancajas was awake obviously when he allegedly “saw” RJ and Ramona Bautista, when he was ‘about to spit’, assuming it to be true, he did not hear the shouting of Janelle asking for help.

However, according to Security Guard Tabada, when they came with the police they heard a voice of a female asking for help at the garage – the garage is below Ramgen’s room and at the above portion of the garage is the living quarters of Ronald Ancajas.

At the time of the crime happened even the maid of the Bautista’s heard a female voice shouting, but Ancajas did not, when in fact the room of the maids and his are just beside each other – maybe Ancajas is playing a deaf ear or he is the assailant.

SO WE ASSUME THAT HE REALLY DID NOT HEAR ANYTHING that he was really sleeping… Let’s explain the supposed “seeing the siblings going out of the village”.

It was revealed during the “Ocular Inspection” last April 17, 2012 that it is physically impossible to see from his room people walking towards the village’s gate at the distance of 15 fathom (dipa) from his place as the view is blocked by two houses and the curve.

image

This photo proves the lies of Ronald Ancajas about his statement that he saw RJ and Ramona Bautista leaving the subdivision's gate.

Video above: Explanation Photo above: Explanation
Please watch the above video containing the "Ocular inspection" of the court held last April 17.

In the video at 1:31, it will show that the siblings of Ramgen is insisting that from the view of Ronald Ancajas' room from the farthest left corner (POV: Facing the house), while the private prosecutor Atty. Argee Guevarra is insisting that Ancajas saw RJ Bautista going out of the garages' gate and not on the subdivision's.

Better yet, he should be the witness... It is crystal clear from the words of Ronald Ancajas himself that he saw RJ and Ramona going OUT of the SUBDIVISION and not of the GARAGE. He's putting and manipulating the words of Ancajas to build their fake case.

Read Ancajas' Oct. 29, 2011 statement and download it below.

The photo above is a bird's eye view of the vicinity of the house of the Bautista's. This is to show people the proof that we are not lying when we said it is impossible for Ancajas to see. Look at the picture and judge it. That bird's eye view shot came from google maps.

According to his statement below, the guard house or subdivision exit is 18 dipa (fathom) or 108 feet away while RJ Bautista is 15 dipa (fathom) or 90 feet away from him, on his sworn statement he never mentioned he saw them exiting the garage. There are two (2) houses blocking his view, not to mention the wall from the garage blocking his view from his small window. Now, is he telling the truth? You judge.

image

This is another image that will prove our claim. This is showing the rooms of Ramgen, Ancajas, and the household helpers.

  • The red square is Ramgen's room.

  • The blue arrow is pointing to the window (behind the wall) where Ronald Ancajas supposedly saw the siblings.
  • The green circle is Ancajas' window just beside the household helper's room. (First window is Ancajas')

EXPLANATION: This is the house of the Magsaysay-Bautista's at BF Homes where the tragic incident happened. the red square is Ramgen's room, obviously that image shows that the room of Ramgen is directly below the garage.

On that garage, there are rooms above it wherein it is the sleeping quarters for the drivers and Ancajas, and beside them are the household helper's room. That night only Ancajas was there at his room.

The green circle is the exact window where Ronald Ancajas resides, as you can also notice from the photo there is a wall or a boulder from the garage blocking the view of Ancajas as we also show through the blue arrow pointing to the wall/boulder blocking the view of the window. From that point on it is PHYSICALLY impossible for him to see the guard house as we showed on the map above.

Statement of Ronald Ancajas

On Oct. 29, 2011, police took Ronaldo Ancajas' statement, he is the Personal Assistant of Ramgen who knows Ramgen's schedule, the keeper of the guns of Ramgen, and has access to the house.

Ancajas Sworn Statement
Ronald Ancajas' sworn statement taken last Oct. 29, 2011 by SPO4 Odeo P. Carino. (Consists of 3 pages)

On the 2nd page of the three (3) pages statement: It says,

  1. First question.
    • Q: Ano pang sumunod na pangyayari, kung meron man?
    • A: Nakaidlip ako dahil sa pagod at puyat at mga ilang minuto... nagising ako at pagsilip ko sa bintana ng kuwarto ay nakita ko si Joseph na naglalakad palabas ng gate ng subdivision at mga ilan minuto si Mara (Ramona Bautista), akala ko papunta na sila ng Baguio.. Dahil aalis nga sila papuntang Baguio. At napa dura ako sa labas ng bintana at bumalik ako sa higaan ko at natulog.
  2. 3rd question.
    • Q: Gaano ang layo ni Mara ng sinundan niya si Joseph...(not clear copy) ang gate ng subdivision na naglalakad?
    • A: Humigit kumulang 8 dipa.
  3. 5th question.
    • Q: Gaano ang layo mo sa kinalalagyan mo mula doon sa nakitaan mo kina Joseph at Mara?
    • A: Humigit kumulang 15 dipa. (15 fathoms = 90 feet)
  4. 6th question.
    • Q: Gaano naman kalayo ang bahay ng mga Bautista sa gate ng subdivision?
    • A: Humigit kumulang sa 18 dipa. (18 fathoms = 108 feet)

Sworn statement vs video
Comparing the sworn statement of Ancajas and basing what the lawyer of the prosecution is saying, it clearly states that Ancajas never saw RJ Bautista. It is crystal clear, it only means Ronald Ancajas perjured himself when he said he saw RJ Bautista around 90 feet away going out of the subdivision gate around 108 feet away.

Download File: File Description:
Click the download button on the left side to download the Sworn Statement of Ronald Ancajas (102911) filed in court. This will show the statement we added above.

Analysis

Finally, what has been proven is that Niño Tabada and Ronald Ancajas in both of their statements and testimonies, that they LIED and PERJURED themselves especially in a delicate situation wherein they both corroborated on unfounded and malicious accusations against the siblings of the victim.