Reinvestigation of the Murder Case Charge Filed Against Messrs. Sergio Osmeña, Jr., et al.

Letter of Instructions No. 255Presidential Issuances

Letter of Instructions No. 255, issued on March 6, 1975, directs a reinvestigation of Criminal Case No. MC-5-11, concerning charges of murder and syndicate involvement against several individuals. Due to conflicting evidence and disagreements between military and civilian legal representatives, a panel of at least three members is to be formed to evaluate the case thoroughly. The panel will assess the evidence to determine if any offenses were committed and if the accused are likely guilty, with the authority to file appropriate charges if warranted. The individuals named in the case will have the opportunity to participate in the proceedings with legal counsel.

March 6, 1975

LETTER OF INSTRUCTIONS NO. 255

TO : The Secretary of Justice
    Manila
    The Secretary of National Defense
    Camp Aguinaldo, Quezon City 

 

With reference to Criminal Case No. MC-5-11 for Violation of Article 248 (Murder), in conjunction with Article 6, Revised Penal Code (Committed by a Syndicate) against Messrs. Sergio Osmeña, Jr., Eugenio Lopez, Jr., Eduardo Figueras, Larry Tractman, Antonio Arevalo, Brian Borthwick, Sergio Osmeña III, Manuel Crisologo, August McCormick Lehman alias Tom, Robert Pincus alias Bobby, Mario Suson and several "John Does" filed with Military Commission No. 5, in view of the conflicting versions presented to the public relative to the existence or absence of any evidence to warrant the filing of charges against the abovenamed persons, and considering further that there appears to be disagreement between the military lawyers and civilian prosecutors regarding the appropriate charge or charges that should be filed against them and in order to resolve this matter definitely, you are hereby directed to constitute a Panel of not less than three to conduct a reinvestigation of the whole case, to re-evaluate the evidence, to determine whether an offense or offenses have been committed, and if so, the nature of the offense or offenses committed, whether the abovenamed persons are probably guilty thereof and if probable cause is found, to file the appropriate charges.

All of the above-named persons shall be granted opportunity to participate in the proceedings with assistance of counsel.

DONE in the City of Manila, this 6th day of March, in the year of Our Lord, Nineteen Hundred and Seventy-Five.