In Photo: The immediate family of the former Philsaga Mining Corp. president, retired Col. Samuel Afdal, who was murdered three years ago, is elated by the recent turn of events in the search for justice for his killing after the court has ordered the arrest of the remaining two suspects who are still at large. (Photo by Ivy Tejano)
By Ivy Tejano
DAVAO CITY – The Quezon Regional Trial Court (RTC) Branch 85 under the National Capital Judicial Regional (NCJR) issued on Friday, April 5, an arrest warrant against the alleged head and his cohort in killing the former Philsaga Mining Corp. president, retired Col. Samuel Afdal, three years ago.
RTC Branch 85 Presiding Judge Juris S. Dilinila–Callanta issued an arrest warrant against Ryan Mark Baylon, a president of the JB Earthmovers Inc. based in San Francisco town in Agusan del Sur, and Rosalino Degracia, alias Okie, for the murder of the victim, alias Saga.
The Afdal family’s two legal counsels confirmed this in a press conference in a hotel here on Friday, April 19, where they also revealed the case transferred to Quezon City from Agusan del Sur last year following the family’s request.
Lawyer Xilexferen Barroga clarified that the Afdal family requested the case transfer to any RTC in Manila or Quezon City due to two John Does involvement at that time. He said the Supreme Court granted the request and ordered the case transfer from Agusan del Sur to Quezon City.
“During the inquiry by the government agencies, allegedly there were soundings with the military. A petition was filed several months before the actual case transfer. The government agencies duly verified some threats, which is why the Supreme Court granted the case transfer,” Barroga said.
Lawyer Romel Fontanilla said that the accused were not allowed to post bail for murder charges. He added that the court issued the arrest warrant after a clarificatory hearing, which Baylon and Degracia failed to attend but only their lawyers, the complainant, and the latter’s lawyers.
Fontanilla said that the prosecution asked the court to issue a hold departure order against Baylon – accused by the other suspects as the leader of the crime – during the April 18, 2024, hearing at the RTC Branch 85 in Quezon City.
“With the arrest warrant out, we deeply hope and pray that our law enforcement agencies act with dispatch to bring the suspects before the court of law, and face justice. We also hope and pray that the flow of justice will go on unimpeded,” the Afdal family said in a statement.
The Agusan del Sur provincial prosecutor earlier found probable cause to charge Baylon, Degracia, and Alemar Awado for allegedly conspiring to kill the retired colonel. Awado, on the other hand, surrendered to authorities in Surigao.
According to the Afdal family’s legal counsels, the prosecution of the three accused followed the account of confessed gunman Jeffrey Mamerto, who was convicted for the crime on Nov. 15, 2023 and meted a 10-year prison term by RTC Branch 6 Judge Emily Zen Chua from the Agusan del Sur.
Mamerto confessed to the authorities that Baylon offered Degracia and Awado P200,000 for their job. Meanwhile, he was paid P50,000 for his role in the ambush of the victim on Oct. 26, 2021, in Barangay Sta. Cruz in Rosario town. Saga died on November 15, 2021.
In the affidavit–complaint of the victim’s widow, Evelyn Afdal, against the three accused, Baylon’s actions after her husband’s death established the motive for the crime. She said Baylon destroyed company records.
The company records presented Saga owning 50 percent of the shares of JB Earthmovers and his son one percent, which the legal counsels said is now the subject of a case pending before the Davao City Prosecutor’s Office, Estafa, through falsification of documents/other forms of deceit.
Evelyn also said that Baylon attempted to take control of the Rosario Manobo Mining Corporation, the company established by her husband after selling his interests in Philsaga Mining Corporation years ago.
Agusan del Sur Prosecutor’s Office found Baylon as a principal by inducement for offering a cash reward and a principal by indispensable cooperation by giving his cohorts information crucial in successfully executing the job. Degracia and Awado are co-principals by direct participation.
Police Major Ralph Jezen Perez of the Agusan del Sur Provincial Police Station said they are giving the accused, especially Baylon, ample time to surrender before the authorities. He added that after the effectiveness of the arrest warrant, the police could conduct a manhunt operation against them.