Judge says only CA can review Cebu police officer’s slay case

CEBU – It is the Court of Appeals, and the not the Sandiganbayan, that has jurisdiction to review the ruling by the trial court, which found SPO1 Adonis Dumpit guilty of shooting to death a robbery suspect in 2004.

Such is the ruling of Judge Ester Veloso of the Regional Trial Court branch 6 in ordering the entire records of the case be transmitted to the appellate court.

Citing Republic Act 8249 (Sandiganbayan Law) and Batas Pambansa 129 (Judiciary Reorganization Act of 1980), Veloso denied the defense’s motion that sought to allow Dumpit to file his notice of appeal before the Sandiganbayan.

The jurisprudence provides, thus, that the Sandiganbayan has no appellate jurisdiction to tackle Dumpit’s appeal, the judge pointed out.

“While it may be true that the court, in its decision, ruled that the commission of the crime was attended by the incomplete justifying circumstance of fulfillment of duty, this finding does not determine jurisdiction,” read Veloso’s four-page order.

The defense sought to elevate the case to the Sandiganbayan after Veloso denied the policeman’s motion for reconsideration on the homicide conviction for the death of Ronron Go in 2004.

“The court thus maintains its factual findings and sees no compelling reason to reconsider its verdict,” read Veloso’s six-page omnibus order dated Jan. 12. Veloso also denied Dumpit’s move to post for bail, saying it should be addressed by the appeals court.

Dumpit was charged with murder for shooting Go to death on Dec. 14, 2004. Go allegedly robbed three jeepney passengers including a 14-year-old girl.

Conviction

Last Aug. 5, Veloso convicted Dumpit of ho- micide, not murder, after the prosecution failed to prove aggravating circumstances of treachery and abuse of superior strength.

Dumpit was sentenced to a jail term of six to nine years and was ordered to pay P50,000 as fine to the victim’s family.

In her decision, Veloso found no evidence to support Dumpit’s claim that he killed Go in selfdefense, saying the victim “merely ran away” when Dumpit accosted him.

In seeking to reverse the policeman’s convic- tion, Militar said that Dumpit did not testify during the trial that Go fired at the policeman. Go’s alleged companion, Junjun Bador, was the first to allegedly shoot Dumpit, who retaliated.

Dumpit claimed to have seen Go and Bador pulling out guns. He identified himself as a police officer and warned the two not to run. Bador, who was three steps behind Go, allegedly fired twice at Dumpit, who then dropped to the ground and drew his gun. (GMD/ Sun.Star Cebu)