03 January 2006
Butuyan: Paas case not over with my order of dismissal
CALLING the “One Above” as his real bodyguard, Tayug regional trial court Judge Ulysses R. Butuyan alternately took on a comic-serious mien while meeting with Pangasinan mediamen at a city restaurant Wednesday to discuss the latest disturbing incident involving him shortly after his controversial pre-arraignment dismissal of the case against the suspects in thehigh-profile Paas slaying.
Butuyan said that while a police detail is now guarding the premises of the trial court since after he was advised by authorities of real threats against him by some elements, it is only God who watches over him as he moves around. He admitted however he has been taking some personal security measures on his own.
Butuyan said the case against the two accused can still be refiled in court as he denied that the “double jeopardy” clause applies to the case. Double jeopardy, in jurisprudence, bars the filing of the same case against the same suspect or suspects twice.
He pointed out that he issued the resolution dismissing the charges against the suspects – Elmer Cabiles and Jornald Vargas – before the two could even be arraigned on murder and theft complaints, thus they can still be charged for the same offense because they were never arraigned for the crime.
Expressing total belief for the majesty of the law, Butuyan said that if the case were to be refilled with a different accused being presented, and the case is raffled to his sala, he could still acquit the same purely based on evidence.
Citing the latest alleged threat on him, the judge told newsmen about an incident last week when he was in Manila and a woman church parishioner in Asingan reported to the parish priest about two men on motorbike asking about him (Butuyan) at a local store he usually frequents for snacks. He said the two were apparently strangers as they had even asked the woman about the roads leading out of Asingan.
Butuyan agreed with mediamen that the Paas case was “convoluted” and only an impartial and thorough investigation by authorities could unravel the truth. He stopped short of saying the two initial suspects were “fall guys” or at least, did not act by themselves alone.
Butuyan said that while a police detail is now guarding the premises of the trial court since after he was advised by authorities of real threats against him by some elements, it is only God who watches over him as he moves around. He admitted however he has been taking some personal security measures on his own.
Butuyan said the case against the two accused can still be refiled in court as he denied that the “double jeopardy” clause applies to the case. Double jeopardy, in jurisprudence, bars the filing of the same case against the same suspect or suspects twice.
He pointed out that he issued the resolution dismissing the charges against the suspects – Elmer Cabiles and Jornald Vargas – before the two could even be arraigned on murder and theft complaints, thus they can still be charged for the same offense because they were never arraigned for the crime.
Expressing total belief for the majesty of the law, Butuyan said that if the case were to be refilled with a different accused being presented, and the case is raffled to his sala, he could still acquit the same purely based on evidence.
Citing the latest alleged threat on him, the judge told newsmen about an incident last week when he was in Manila and a woman church parishioner in Asingan reported to the parish priest about two men on motorbike asking about him (Butuyan) at a local store he usually frequents for snacks. He said the two were apparently strangers as they had even asked the woman about the roads leading out of Asingan.
Butuyan agreed with mediamen that the Paas case was “convoluted” and only an impartial and thorough investigation by authorities could unravel the truth. He stopped short of saying the two initial suspects were “fall guys” or at least, did not act by themselves alone.
