TEJERO Barangay Councilman Jessielou “Jingjing” “Cadungog, who has taken refuge at the National Bureau of Investigation (NBI)-Cebu office, breaks into a smile after he learned that the murder complaint filed against him for the death of P03 Eugene Calumba has been dismissed by a panel of Cebu provincial prosecutors on Friday, Aug. 17, 2018.
Case vs Cadungog driver downgraded to homicide
Barangay Tejero Councilman Jessielou Cadungog has a burden off his shoulders.
The panel of prosecutors from the Cebu Provincial Prosecutor’s Office has dismissed the murder charges filed against the village official for failure of the police to prove that he was involved in the killing of PO3 Eugene Calumba last July 30.
Cadungog, however, wasn’t completely happy.
“I’m still scared. I don’t know what’s going to happen next,” he told Cebu Daily News at the National Bureau of Investigation in Central Visayas (NBI-7) on Friday.
Cadungog believed he was targeted for assassination by Calumba and the latter’s motorcycle driver but the councilman was fortunate to have stepped out of his Toyota FJ Cruiser a few minutes before the alleged foiled ambush along T. Padilla Extension in Cebu City on July 30.
Cadungog’s bodyguard and driver William Macaslang Jr., however, was indicted by the same panel of prosecutors for a lower crime of homicide for the death of Calumba and attempted homicide for firing at the latter’s motorcycle driver Michael Banua.
Macaslang had admitted to having shot and killed Calumba but stressed that he did it out of self-defense because a man, who turned out to be the policeman, allegedly about to pull out a gun and aim it at Cadungog’s vehicle.
While the prosecutors believed that Macaslang did not have any intention to kill Calumba, they said his claim of self-defense could be best threshed out in court.
“This is a matter better left and passed upon to the court,” said the panel of prosecutors.
Posting bail
The charges filed against Macaslang in court were however a welcome development to his camp since these are bailable cases compared to the murder raps originally filed against him by the Criminal Investigation and Detection Group in Central Visayas (CIDG-7).
Judge Anacleto Debalucos of the Regional Trial Court Branch 17 in Cebu City ordered the release of Macaslang from the custody of NBI-7 after he posted bail of P120,000 for the homicide case filed against him on Friday.
Macaslang, however, remains at the NBI-7 office since he has yet to post bail on the separate case of attempted homicide filed against him at the Municipal Trial Court in Cities.
His lawyer Benjamin Militar said they are set to post bail of P36,000 on the second case against Macaslang on Monday.
“The evidence we presented were given weight by the panel of prosecutors and we’re happy that the charges against my client were downgraded from murder and attempted murder to homicide and attempted homicide,” he said in an interview.
“We’re confident that the court will eventually exonerate him of the charges because he actually just protected himself when he shot Calumba,” he added.
CIDG-7 lawyer Inocencio de la Cerna Jr. begged off from issuing any statement, saying he has yet to receive and go over the findings of the panel of prosecutors.
Staying alert
Cadungog, meanwhile, thanked those who prayed that the truth will triumph.
Asked where he would be going now that the charges against him were dismissed, he said, “I don’t know yet.”
“I just don’t have to be complacent. I don’t know what the police will do next. I hope they will be enlightened by God so that they will understand that I have not done anything wrong to earn their ire,” he said.
Cadungog was the owner of the gun which slain policeman and suspected drug courier Adonis Dumpit kept in his possession when the latter was killed in an NBI operation in Tagbilaran City, Bohol, last June 27.
Cadungog said the gun was sold to Dumpit and showed documents to prove the sale.
But Chief Supt. Debold Sinas, PRO-7 director, dragged Cadungog into the illegal drugs trade days after the killing of Calumba, an accusation denied by the councilman.
“I was really surprised when I heard his declaration. I have been very cooperative with our law enforcers in their anti-drugs campaign,” said Cadungog who, like Cebu City Mayor Tomas Osmeña, claimed to have received death threats.
What went before
Macaslang was driving Cadungog’s car along T. Padilla Extension at past 8 a.m. last July 30 when the former noticed he was being tailed by two men riding in tandem on a motorcycle.
Cadungog said he was not inside the car when the shooting incident took place.
Macaslang claimed he noticed that the backrider of the motorcycle tried to pull a gun from his waistband, prompting him to get his own firearm and shoot the man.
The gunman turned out to be Calumba, a member of the Drug Enforcement Unit of the Parian Police Station in Cebu City.
The driver of the motorcycle, Banua, managed to run but barangay tanods and bystanders caught him.
Sinas later turned the tables on Macaslang, saying it was the bodyguard who purposely killed Calumba who he said was just conducting surveillance operations in Barangay Tejero.
In its joint resolution, the three prosecutors handling the case gave credence to Cadungog’s claim that he was not inside the vehicle with his bodyguard when the latter shot Calumba.
“Based on the evidence on record, there is no showing that he was inside the vehicle at the time of the shooting incident,” said the panel of prosecutors composed of Rosemarie Pabatao, Ethel Miel, and Reina Carmel Rivas.
Doubtful witness
They also found the claims of the witness presented by the police as “doubtful” and contrary to what Banua testified on.
“The witness saw only one person getting out of the car. Banua’s statement, (however), said there were two persons who fled away,” the prosecutors said.
As to Macaslang, the prosecutors said there was no treachery involved in the killing of Calumba.
“Macaslang was driving the vehicle at the time he fired the gun. Hence, he was not in a position to ensure his execution of killing PO3 Calumba and Banua without risk to himself arising from the defense which the offended party might make,” they said.
“The vehicle used was also known in the place as owned by Councilman Cadungog. It could be asked why could an assailant use a vehicle identified as his mode of transportation in committing a grave offense?” they added.
The charges were originally filed at the Cebu City Prosecutor’s Office, which inhibited from handling the case as requested by the CIDG-7.
The charges were turned over to the Cebu Provincial Prosecutor’s Office which ruled on the matter.