The children of former IT editor Ibarra ?Bombing? Gutierrez has criticized the ?irregular? issuance of the warrant of arrest by a Makati court that led to their father?s imprisonment for more than a month now.
A regional trial court in Makati ordered the commitment of Gutierrez at the Makati City Jail after the siblings of his deceased wife, Delia, revived the parricide case that was lodged against the former IT publisher.
Gutierrez used to be the chair of Media G8way Corp., which printed the local versions of IT magazines such as PC World and ComputerWorld. His wife, Delia, served as the company?s marketing director before she was found dead with multiple stab wounds in their office toilet in September 2006.
Debra Gutierrez, the only daughter of Ibarra and Delia, said she and her brothers are still puzzled as to why the judge signed the arrest order when the Court of Appeals (CA) had already dismissed the case.
?It was dismissed by the CA and the decision has already lapsed into finality. There were no appeals. [The] Makati RTC issued the warrant. We’re also wondering how this happened,? Debra commented.
Debra said the CA?s decision junking the parricide case against their father was issued last August 12, 2015, with the appellate court affirming a lower court?s ruling that Ibarra cannot be held for trial for lack of probable cause.
Debra pointed out that the CA has ruled in an earlier decision that she, along with her brothers, are the only proper party who can file a criminal case since they are adult compulsory heirs of the deceased.
?With the criminal case dismissed, my siblings and I filed a Manifestation and Motion to Dismiss Civil Action in Intervention to question my mom?s siblings? personality in pursuing the civil aspect of the case. Being the compulsory heirs and of legal age, only we have the right to pursue the civil aspect. The court ruled that my mom?s siblings have no legal standing or personality to prosecute the case. This is detailed in the order dated August 8, 2012,? she stressed.
Debra also chided Newsbytes.PH for running the story on her father?s incarceration, describing as ?despicable? the alleged wrong information contained in the report.
?A lot of what?s stated in the article can be easily disproved by checking orders and decisions from the National Labor Relations Commission, the Makati Regional Trial Court, and the Court of Appeals. All of which are public documents,? she said in an e-mail.
Debra said the parricide case, which was stated in the title of the story, had nothing to do with the other two issues — the bouncing cheques case involving IT executive Leo Querubin and the labor case filed by ex-employees of Media G8Way ? mentioned in the report.
?That they?re all in this article makes us feel that the intent is not to update my mom?s friends, but to defame my dad,? she stated.
She said the possibility of her mother?s suicide was not just alleged by her father, as written in the story, but was actually concluded by forensic pathologist Racquel Fortun in her autopsy report.
Debra also disputed the story?s assertion that the case was dismissed by the Makati Prosecutor?s Office and can therefore be revived for court trial.
?The case was dismissed by the CA last August 12, 2015. It was not merely dismissed at the fiscal level. Attached is a copy of the dismissal. Also attached is a copy of the order from the
Makati Regional Trial Court granting the lifting of the hold departure since the case was already dismissed. Given the circumstances, it is irregular that the case was refiled,? she said in the e-mail.
Debra said the claim of former employees of Media G8way Corp. in their labor case is also ?blatantly false.?
?The National Labor Relations Commission (NLRC) did not rule in the ex-employees? favor. The NLRC released the resolution last September 17, 2014. The complainants submitted a motion for reconsideration which the NLRC denied. They brought the case to the CA where their petition was again denied. The CA?s decision was released September 30 of this year. You should be able to get a copy since that?s a public document as well,? she commented.
As for the suit involving Querubin, Debra said the case is still pending. ?You are welcome to review the comments from the court as, similar to all the files I?ve attached, they are all public documents.?
She said it was also unfair to drag the name of her brother, human rights lawyer and Akbayan representative Ibarra ?Barry? Gutierrez Jr, into the picture.
?What has my brother have to do with this? My dad hired his own lawyer. Why would my brother need to hire a lawyer for him? This case is, as you know, 9 years old, and from 9 years ago until now, my dad has been represented by the same law firm. Again, this is easily gathered from public documents,? she pointed out.
Debra said the case has tormented her family since the tragedy happened and asked for understanding and privacy.
?My brothers and I have been on the receiving end of false accusations surrounding our mother?s death. We find ourselves having to explain our side of the story to other people, when we are, in fact, still grieving. People seem to forget that. They?re so focused on their own grief that how we feel, as Delia and Bombing?s children, seems to be irrelevant to them.?