Manila—The highly anticipated preliminary investigation of the Department of Justice on the Jimmy Chua murder case once again took another twist and turn as “star witness” Laoag City Councilor Modesto Melvin M. dela Cuesta appeared with a new affidavit claiming his fourth affidavit implicating Laoag City Mayor Michael V. Fariñas on the controversial killing was not made by him but by the National Bureau of Investigation agents who were supposed to be protecting him.

During the initial hearing, held at the DOJ main office in Padre Faura, Manila on April 25, Dela Cuesta, accompanied by his new lawyer, Atty. Marlene Damasen, refused to subscribe and reaffirm his previous depositions which effectively revoked all of his four prior affidavits, and at the same time submitted his fifth and latest affidavit.

In the said affidavit, Dela Cuesta claimed he was pressured and coerced by NBI agents into making the supplemental sworn statement on February 24 and that this testimony is false.

“Nilagay ako at ang aking pamilya sa isang safe house sa Cavite noong gabi ng February 23. Noong gabi ng February 24 pumunta ang maraming NBI agents sa aming safe house para papirmahin ako sa ginawa nilang affidavit. At ako ay na-pressure na pumirma ng nasabing affidavit sa gabing iyon sa harap ng mga NBI agents, abogadong dinala nila na hindi ko kilala, mga pulis at ang aking asawa (On the night of February 23, my family and I were transferred to a safehouse in Cavite. On the night of February 24, several NBI agents went to the safehouse to make me sign the affidavit they made. I was pressured into signing the said affidavit during that night in front of the NBI agents, a lawyer they brought whom I don’t know, several police officers and my wife),” Dela Cuesta said in his fifth affidavit.

Dela Cuesta’s fourth affidavit was read by himself over a local radio station in Laoag City on February 25 wherein he claimed Fariñas “accidentally” shot Chua.

Dela Cuesta further scored the NBI in his fifth affidavit for reneging on its promises which included the supposed flight of his family to another country and his non-inclusion in the charge sheet as one of the co-accused.

Damasen presented Dela Cuesta’s latest affidavit to the DOJ panel headed by State Prosecutor Esperanza Rosario with a request that its contents be held in confidentiality due to the alleged numerous threats to her client’s life and that of his family.

The request for confidentiality however was opposed by lawyers for both complainant and defense, which prompted the DOJ panel to give copies to both parties.

The Chua family is represented by Atty. Sandra Coronel, while Fariñas is represented by a battery of lawyers led by Atty. Jose Flaminiano and his son, Atty. Jay Flaminiano.

In view of Dela Cuesta’s recantation, Fariñas lawyer Jay Flaminiano moved that the case against his client be dismissed to which Coronel countered by saying dismissal is not warranted based on the physical evidence.

Coronel added that the purpose of the hearing is to determine “probable cause” and that the physical evidences alone are more than enough to determine such as a case can already be filed based on these.

Coronel also declared that Dela Cuesta’s recantation of his fourth affidavit would have little effect on their case as she explained that their case had been built on “overwhelming physical evidence.

“The physical evidences are very strong to have a conspiracy case even without Dela Cuesta’s testimony which would only help in corroboration. He is still a respondent but he will be a star witness if he sticks to his fourth testimony,” Coronel said.

Meanwhile, Dela Cuesta has again appealed to the public to understand his situation.

Reacting to Dela Cuesta’s antics, Laoag City Vice Mayor Marlon Wayne D. Manuel said Dela Cuesta’s latest actions have made a “mockery of the law, the city council and the people.”

Fariñas, who was also in Manila during the scheduled hearing but did not attend the said preliminary investigation, refused to comment on this latest development.

Also during the preliminary hearing, the panel recognized the concern of some lawyers, specifically the Manila-based counsels, present regarding the depositions written in Ilocano. The panel authorized the translation of these documents into English by a competent translator. The panel has set the next hearing on May 13.

Steve T. Barreiro