The Office of Deputy Executive Secretary Manuel Gaite yesterday said no order has been issued yet on the appeal filed by the lawyer of the four policemen accused for the kidnapping and murder of a former Bacolod barangay captain in August 2003.

What exists is a draft resolution that is still up for review by Gaite, Richard Cuevilla, a member of his staff tasked with monitoring the case, told the DAILY STAR in a phone interview yesterday.

Cuevilla said they could not disclose what was in the draft resolution until Gaite issues an actual order.

"We do not know yet how he will rule on the matter", he said.

Reports said there is a resolution from the Office of the President sustaining the appeal filed by Ernesto Treyes, legal counsel of Chief Insp. Clarence Dongail, Senior Insp. Jonathan Lorilla, PO3 Allen Winston Hulleza and PO2 Bernardo Cimatu.

On Wednesday, Treyes said he had received reports about the decision of the Office of the President sustaining his appeal in favor of his clients, but denied he have received a copy of the decision yet.

Earlier, Treyes had filed an appeal before the Office of the President contesting the resolution of DOJ secretary, which recommended the filing of the amended criminal information against six police officers and 10 other civilian authorities.

Treyes said his appeal asked that the Department of Justice resolution be set aside and declared null and void; and the resolutions of the public prosecutor of Dumaguete City be sustained and the criminal charges against the accused be dismissed.

The 10 policemen and 11 civilians were accused for the death of former Brgy. Pahanocoy Captain Eleuterio Salabas, Maximo Lomoljo Jr. and Ricardo Suganob, court records said.

Also named respondents in the kidnapping with murder complaint are Chief Insp. Jimmy Fortaleza, Senior Insp. Bonifer Gotas, SPO1 Freddie Natividad, SPO1 Nelson Grijaldo, PO2s Dennis Belandres and Ruel Villacanas and police asset Richard "Tisoy" Salazar.

The others are businessman Manolo Escalante, Ronnie Herrera, July Flores alias Kirhat dela Rosa, Carlo delos Santos alias Caloy, Lorraine Abay alias Lulu, Mamerto, Elma and Elson all surnamed Cañete, Jude Montilla and Ramonito Estanislao.*DMG

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