By Joseph G. Lariosa

(Journal Group Link International)

C HICAGO, Illinois (JGLi) – Using the “inconsistencies in the extradition package” in the Nida Blanca murder that led to the denial of the extradition for Roger Lawrence Strunk, the lawyer of Michael Ray B. Aquino asked Friday (Sept. 18) Magistrate Judge Esther Salas of the United States District Court of New Jersey in Newark to dismiss the extradition case against Aquino, saying that “[t]here is no evidence whatsoever, however, that MRA (Aquino) ordered (P/Supt. Glenn G.) Dumlao or anyone else to kill (publicist Salvador “Bubby”) Dacer and (Dacer's driver, Emmanuel) Corbito.”

In Aquino’s 20-page brief to oppose his extradition, Mark A. Berman also presented a two-page result of a request by the National Bureau of Investigation for a DNA analysis of the charred bone remains of Dacer and Corbito in Indang, Cavite, that recommended that samples of bone fragments “be taken to genetic testing laboratories abroad” after “genes of the mitochondrion gave negative results for the presence of human DNA.”

Quoting an affidavit in the “extradition package” that formed the basis for Aquino’s extradition, Berman said Cezar Ochoco Mancao II was “tasked to investigate Dacer and Corbito’s disappearance, in which capacity he interviewed P/Supt. Teofilo Vina and Dumlao.

“Vina told him that he had been tasked by Michael Aquino to get Bubby Dacer. Dumlao, for his part, blamed Aquino for illegal orders.”

Berman said "Vina, who is now dead, did not say that MRA (Aquino) directed him to kill Dacer; Dumlao did not say that the illegal orders were orders to kill Dacer and Corbito. Indeed, Dumlao denies involvement in the murders.”

Berman added, “Other evidence submitted by ROP (Republic of the Philippines) either does not mention MRA or is exculpatory. For example, when questioned by prosecutors, a police officer named (SPO4 Marino) Soberano states that when he arrived at Dasmarinas Bank in Cavite, he asked (C/Insp. Vicente) Arnado “what the operation was all about” and Arnado responded that the “operation was already finished and they were able to apprehend two persons, one of which was allegedly the leader of the kidnapping for ransom gang and a carnapper.” 

Arnado said that they should be killed but Soberano refused.

When asked who ordered the killing of Dacer and Corbito, Soberano answered: “The group of Task Force Luzon PAOCTF headed by P/Supt. Glen Dumlao."

Asked if he knew of anyone, “aside from P/Supt. Glen Dumlao who ordered to kill [sic]]” Dacer and Corbito," Soberano responded: “None, sir.”

Berman said nowhere did Aquino abuse his power when he ordered to apprehend and interrogate Dacer and Corbito. Nor did Aquino “join a conspiracy whose objective was to murder Dacer and Corbito (which) is nothing more than unfounded speculation.”

Berman said the government must establish four elements to sustain the extradition of Aquino: 1) There are criminal charges pending against Aquino in the Philippines; 2) The crimes against Aquino are extraditable ones; 3) Aquino is the individual actually sought by the Philippine government; and 4) The evidence submitted by the government establishes probable cause that the crime charged has been committed and that Aquino committed the crime charged.

A side from quoting other cases, Berman said, “keeping in mind that the purpose of this proceeding is to connect Strunk, not (Philip) Medel, to the murder of Blanca, the evidence submitted by the Philippines concerning Strunk’s participation in the murder of Blanca is so inconsistent and conflicting that it provides little competent evidence to support the conclusion that Strunk hired Medel to murder Blanca.”

Medel recanted his confession in the Blanca murder that weakened the case.

The government has until Oct. 9 to submit its brief in support of extradition. Aquino has until Oct. 23 to file his reply brief in opposition to extradition.

Judge Salas set on Nov. 23, 2009 the extradition trial of the case.

If probable cause exists that Mr. Aquino conspired in the murders of Dacer and Corbito, Aquino is going to be extradited to the Philippines.

Aquino was originally named in the information charging 22 men, including Mancao and Dumlao as his as co-conspirators, as co-conspirators in the double murder. Mancao and Dumlao, who had been extradited to the Philippines, are now discharged from the information. They implicated Aquino and their superiors, former General-turned Sen. Panfilo Lacson and former President Joseph Estrada in the murders.

Both Lacson and Estrada denied that they are the brains behind double murder that took place in 2000. (lariosa_jos@sbcglobal.net) # # #