Court martial to determine trial over Davao businesswoman鈥檚 killing
This is a file photo of Brig. Gen. Jesus Durante lll, former Presidential Security Group (PSG) commander. The Philippine Army’s general court-martial will decide what’s next for Durante and others accused of administrative charges over the murder of businesswoman-model Yvonette Chua Plaza in Davao City in late 2022. (PNA PHOTO)
MANILA, Philippines — The Philippine Army’s general court-martial (GCM) will soon decide what’s next for former Presidential Security Group (PSG) commander Brig. Gen. Jesus Durante III and others accused of administrative charges over the murder of a businesswoman-model in Davao City in late 2022.
Durante, who once led the security unit of former President Rodrigo Duterte, along with Col. Michael Licyayo, Master Sgt. Ariel Ballesteros, Staff Sgt. Gilbert Plaza, Sgt. Delfin Sialsa Jr., Cpl. Adrian Cachero, Cpl. Rolly Cabal, and Pfc. Romark Longakit, is facing administrative cases over alleged violations in the military justice system: Articles of War 96 (conduct unbecoming of an officer and a gentleman) for the two officers and 97 (conduct prejudicial to good order and military discipline) for the enlisted personnel.
Army prosecutors rested their case last June 29 and Durante’s camp asked the court overseeing the trial for a “motion for a finding of not guilty,” arguing “weak defense,” after the Army general’s co-accused subordinates withdrew their extrajudicial confession in 2023.
READ: Ex-PSG chief, 9 aides tagged in model’s slay
“The Court (GCM) will now deliberate on said motions and comments in an executive session. Thereafter, the Court will set the case for ruling on the motion for a finding of not guilty,” Army spokesperson Col. Louie Dema-ala told the Inquirer.
Article continues after this advertisementThe military court will decide whether there was enough evidence from the prosecution to continue the trial. But if Durante’s motion were granted, the case would be dismissed.
Article continues after this advertisementRecanted testimonies tagging Durante
The 38-year-old businesswoman and model, Yvonette Chua Plaza, was gunned down outside her apartment in Davao City in December 2022 by one of two men on a motorcycle using a military-issued firearm.
Durante had denied his involvement in the death of Plaza, after his name was dragged due to a previous social media post made by the slain model, showing bruises and wounds on her face allegedly caused by the general.
READ: Court-martial of Army general in Davao slay set
Sialsa, Cachero, and Cabal retracted in late 2023 their confessions of involvement and statements tagging Durante as the mastermind behind the killing. They also recanted their confessions in a civilian court trial looking into the criminal charges against all the accused.
Durante and Ballesteros are currently under military custody in Davao City, while Licyayo, Sialsa, Plaza, Cachero, and Cabal are under police custody. Longakit, who was earlier reported to be abducted, remains missing.
Lt. Col. Alex Alberto Popanes, the Army’s chief prosecutor, told the Inquirer over the weekend that he believes they have presented a strong case and provided solid pieces of evidence and testimonies against Durante and others “to prove (their guilt) beyond reasonable doubt.”
The prosecution presented 12 witnesses over five hearing days. The GCM has held seven hearings so far since the arraignment on April 18, 2023.
“The Philippine Army is serious when it comes to this court martial. The prosecution, specifically the trial judge advocates, is doing its best to ensure that justice is going to be served and that all officers or enlisted personnel will be held accountable for these charges against them,” Popanes noted.
The GCM is composed of seven members headed by Brig. Gen. Jovencio Gonzales. In all, it is made up of three one-star generals and four colonels.
