The Court of Appeals has paved the way for Senior Police Officer 4 Roy Villegas, a government witness, to testify on the circumstances surrounding the death of South Korean businessman Jee Ick Joo inside the general headquarters of the Philippine National Police in 2016.
In a four-page resolution, the CA’s Thirteenth Division through Associate Justice Myra Garcia-Fernandez denied the appeal of accused Senior Police Officer 3 Ricky Sta. Isabel for a restraining order or a writ of preliminary injunction against Villegas’ testimony.
Villegas was one of the police officers who took part in the abduction of Jee, believing that it was a legitimate anti-drug operation.
In his affidavit, Villegas tagged Sta. Isabel as the one who strangled Jee to death after talking to a “sir Dumlao” who later turned out to be Police Supt. Rafael Dumlao III, former official of the PNP Anti-Illegal Drugs Group, also an accused in kidnap-slaying of Jee.
Villegas said when he realized it was not a legitimate police operation, he still did not resist and continued to obey instructions for fear of his life and safety of his family.
Sta. Isabel opposed the testimony of Villegas when he filed a motion for reconsideration to the Angeles City, Pampanga Court’s resolution last January.
But his motion for reconsideration was dismissed in a resolution dated March 15, 2018 prompting him to take the case to the Court of Appeals.
“Accused Villegas does not qualify as a state witness and that unless public respondent is enjoined from continuing the hearings, the rights of petitioner would be violated,” Sta. Isabel said, in a petition before the appellate court.
However, the CA ruled that Sta. Isabel failed to establish any “grave and irreparable injury” if Villegas will continue testifying before the Pampanga court.
“Mere allegation of the possibility of irreparable damage without proof of actual existing right is not a ground for the issuance thereof [of a restraining order or a writ of preliminary investigation],” the appeals court stressed.
Villegas already appeared and testified before the Pampanga Court. His testimony will continue in the trial set on July 12 and 30.
