REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE. Office of the Secretary Pade Faura Street, Ermita, Manila PATRIA GLORIA A. INOCENCIO- ORTEGA, Complainant, - versus - DOJ Case No. LS. No. NPS-IV-INQ-11A-00005 For: Murder ROMEO SERRATUBIAS, MARLON RICAMATA, ARMANDO NOEL, DENNIS ARANAS, RODOLFO EDRAD, JR, ARTURO REGALADO, JOEL T. REYES, JOSE T. CARREON, MARIO T. REYES and VALENTIN LECIAS, et. al. Respondents, ax CONSOLIDATED REPLY-AFFIDAVIT |, PATRIA GLORIA A, INOCENCIO-ORTEGA, of legal age, Filipino, with address c/o Roque & Butuyan Law Offices, Unit 1904 Antel Corporate Center, No. 121 Valero Street, Salcedo Village, Makati City 1227, Metro Manila, after having been swom in accordance with law, hereby submits the instant Consolidated Reply Affidavit in response to the following Counter-Affidavits/Swoin Statements, and in support of the charge of murder against the responclents: i. Counter-Affidavit of Jose A:ttonio N. Carrion dated 17 march 2011 (“C arrion’s Counte ~Affidavit’)ji, Counter-Affidavit dated 31 March 2011 of Mario Joel T. Reyes (“JTR’s Counter- Affidavit”); ii, Counter-Affidavit dated 31 March 2011 of Matio T. Reyes, Jr. (”Marjo Reyes's Counter-Affidavit”); v Counter-Affidavit dated 05 February 2011 and Supplemental Counter-Affidavit of Atty. Rromeo M — —Seratubias ("Seratubias’s Counter-Affidavit” and “Seratubias’s Supplemental Affidavit’); ¥ Sinumpaang Salaysay dated 09 February 2011, Sinumpaang Gartting Salaysay, and Dagdag na Malayang Sumpang Salaysay dated 28 February 2011 of Arturo : Regalado (’Kegalado”); vi Sinumpaang Salaysay dated 22 February 2011 of Dennis Aranas ("“Aranas”); vil, Sinumpaang Salaysay dated 28 February 2011 of Arwin Avandia (“ Arandia’”); Vili, Sinumpaang Salaysay dated 06 February 2011 of Rodolfo O. Ecirad (Bumar”); i Sinumpaang Solaysay dated 26 January 2011 of Quintin Pasia (“Pasia’’); and % — Sinumpaang ulaysay dated 13 February 2011 of Armando Noe (“Noel”)The Evidence Extant on Record Clearly Establishes Probable Cause To Hold All The Respondents For Trial In Criminal Case No. 25727 for the Murder of Dr. Gerardo Ortega (“Gerry”) Considering That The Sworn Statements, Documentary And Physical Evidence, Plainly Establish That, By Criminal Design, The Respondents Deliberately Undertook To Commit The Crim A The Evidence On Record Establish That Respondent Mario Joel T. Reyes (JTR"), In Conspiracy With Jose Antonio N. Carrion (“Carrion”) and Mario T. Reyes (“Marjo”), Successfully Directed And/Or Commanded the Murder Of Gerry Considering That There Are Various Independent Evidence On Record Tending To Establish The Participation Of The Principals/Co-conspirators In The Crime; B. The Evidence On Record Establish That JTR Is A Principal By Inducement, Thus, A Co- conspirator Of The Crime; And Hs SG The Evidence On Record Establish That Other Respondents Participated In The Murder Of Gerry For Which They Should Be Held Liable To The Extent Of Their Participation. DISCUSSION At the outset, as earlier noted, the instant Reply-Affidavit is submitted in reply to several coi nter-affidavits and swom statements submitted to this Honorable Panel ir relation to the pending criminal case filed against Accused Marlon Recamai1 (“Recamata”) for the killing of Gerry.1.1 Accused Recamata, having been caught and arrested immediately after the crime, was charged with Murder and has pleaded guilty. Along with Recamata, four (4) other John Does were initially charged with the crime. Subsequently, and Pursuant to the creation of this Honorable Panel, the City Prosecution Office of Puerto Princesa forwarded the transfer of the preliminary investigation of the case for the other respondents/accused to the Hon. Leila De Lima, Secretary of Justice. "12 Thereafter, I, as the widow and in behalf of my children, filed my Supplemental Complaint Affidavit dated 14 February 2011 ("Supplemental Complaint Affidavit”), 13 Further to the earlier charge against Recamata, the National Bureau of Investigation (’NBI’) likewise submitted additional sworn statements and documentary evidence through a letter dated 16 February 2011, recommending the prosecution of Respondent JTR, Carrion and a certain John Doe. Additional evidence were transmitted through a letter dated 29 February 2011, 14 During the initial hearing of the preliminary investigation, additional evidence were received by the "fhe case is docketed as Criminal Case No. 25727, pending before the Regional Trial Court of Palawan and Puerto Princesa City, Branch 52.Honorable Panel including, among others, certifications from the Philippine National Police (“PNP”) Regional Crime Laboratory Office 4-B (MIMAROPA), PNP Puerto Princesa Office, and PNP Firearms and Explosives Office. 15 Thus, it is indubitable that there is ample evidence on record, particularly Sworn Statements, and Physical and Documentary Evidence, which clearly support a finding that probable cause exists to hold the respondents for “Gial in the murder of Gerry ~ A. The Evidence On Record Establish That Respondent Mario Joel T. Reyes (“TTR”), In Conspiracy With Respondents Jose Antonio N. Carrion (“Carrion”) “And Mario T. Reyes ("Marjo") Successfully Directed And/Or Commanded the Murder Of Gerry Considering That There Are Various Independent Evidence On Record Tending To Establish The Participation Of The Principals/Co-conspirators In The Crime. 2. Based on the evidence on record, it is clear that the Respondent JTR, in conspiracy with Respondents Carrion and Marjo, Successfully directed and/or con umanded the murder of Gerry. These are established not only through the statement of Respondent Rodolfo ©. Edrad, Jr. (“Bumar”), but by indepen: lent evidence which have been submitted to the Honorable Panel Pursuant to the various investigations conducted both by the PNP and the N Bi3. What is clear, based on the evidence on record, is that: i Sometime in July 2010, respondent Bumar was engaged in some capacity as bodyguard/security of respondent JTR; ii, Respondent Bumar had been recommended by re pondent Carrion, who expressly told him that he was to be engaged for a “job” to age i Kill two (2) mediamen; i, Respondent Bumar was given large sums of moncy by Respondent JTR to “finance” the “operation” of the murder; ~ We- Respondent Bumar contracted first respondent Noel and Arandia to commit the murder; v. Respondents Noel and Arandia received money, guns ond bullets from Respondent Bumar, and subsequenily ‘traveled to Palawan, did surveillance on Gerry butvii. viii, xi. ultimately returned to Quezon province without committing the murder; Respondent Noel recommended accused Recamata and respondent Aranas to “take over” the murder; Accused Recamata and respondent Aranas received money from Respéndent Bumar; Respondent Aranas received bullets from Respondent Repalado; Respondent Regalado purchased the gun used to kill Gerry; Accused Recamata ‘committed the murder on 24° January 2011, and was arrested immediately after the commission of the crime; On the «ime date, Respondent Marjo gave Five Hun:ved ‘Thousand Pesos (P500,000.00) fo Responiet Bumar, who immediately disbursed | ‘enty Thousand Pesos(P20,000.00) each to Respondents Arandia and Noel; xii. Of their own voli n, Respondents Aranas, Bumar, Regalado, Noel, Lecias and Arandia surrendered to the authorities and gave their sworn statements before authorized persons ~~ xiii The sworn statements, physical and documentary evidence obtained by PNP and NBI have laicl sufficient basis for a finding of probable cause that the respondents have committed the crime of Murder, and should be bound for trial. 4. In a transparent attempt to obfuscate the facts, Respondent JIR in his Counter-Affidavit ony proclaims that there is no evidence against him (as do Respondents Cariion and Marjo) except the statements of his co-conspirator Respondent Bum", as if his by his mere declaration, this Honore Panel could bo misled ins overlooking the ample evidence on record. In his Counter-Affitavit, Reswondent JTR erroneously claims that only my affidavit and that of iespondent Bumar show his involvement in the murder of Gerry, that only Respondent Bumar’s Sinumpaang Salaysay directly implicates jim in the crime and that the same * Paragraph 3 of Respondent JTR’s Counter-A Tiavit, Page |