Appeal of 'Abadilla 5' denied with finality by SC

(Updated 5:09 p.m.) The Supreme Court has denied with finality the motion for reconsideration filed by the five men convicted for the killing of former Marcos-era Constabulary officer Rolando Abadilla. In an en banc (full court) session on Tuesday, nine of the justices voted to junk the appeal to acquit SPO2 Cesar Fortuna, Rameses de Jesus, Lenido Lumanog, Joel de Jesus, and Augusto Santos. Four other justices dissented, while two others took no part. The court's resolution containing its decision and the justices' voting pattern is still unavailable as of posting time. The five men, collectively known as the "Abadilla 5," were convicted by the Quezon City Regional Trial Court in August 1999 for the killing of retired Colonel Rolando Abadilla in 1996. The guilty verdict was sustained by the Court of Appeals and more recently, the Supreme Court. At a news briefing on Tuesday, SC administrator and spokesman Jose Midas Marquez said the high tribunal still gave weight to the testimony of lone eyewitness Freddie Alejo over claims that communist hit squad Alex Boncayao Brigade carried out Abadilla's killing. Marquez added that activist priest Fr. Robert Reyes' claim that the ABB killed Abadilla was merely "hearsay." The SC had already denied Reyes' bid to intervene in the case to boost the Abadilla 5's appeal. "It was only relayed to him, so that's hearsay already," said Marquez. Marquez likewise noted that the five men can no longer appeal the Surpeme Court's latest decision. "[The motion for reconsideration] has been denied with finality, and jurisprudence says that second motions for reconsideration are prohibited pleadings," he said. September 2010 SC ruling Abadilla, former head of the Metropolitan Command Intelligence and Security Group of the Philippine Constabulary (now the Philippine National Police), was shot dead in broad daylight on June 13, 1996 along Katipunan Avenue in Quezon City. In 1999, the Quezon City Regional Trial Court found the five accused guilty of killing Abadilla. The accused asked the Court of Appeals to reverse the ruling, but the appellate court affirmed their conviction in April 2008. The accused then elevated the matter to the Supreme Court, which handed down its decision on September 7 last year. In its ruling, the high tribunal gave weight to the testimony of Alejo, the security guard who saw Abadilla's shooting. The SC also ruled that the elements of treachery and evident premeditation were present in the commission of the crime. — RSJ, GMA News