Military court clears ex-PSG chief Durante in model鈥檚 slay
Jesus Durante III. —Inquirer file photo
MANILA, Philippines — Former Presidential Security Group (PSG) commander Brig. Gen. Jesus Durante III has been acquitted by a military court in connection with the killing of businesswoman and model Yvonette Chua Plaza in Davao City in 2022.
In a decision dated May 28, the Special General Court Martial (SGCM) of the Armed Forces of the Philippines acquitted Durante of violating Article of War 96 (conduct unbecoming an officer and a gentleman) due to “lack of evidence,” according to the Philippine Army.
But Durante, who was also the former commander of the Army’s 101st Infantry Brigade, received a reprimand under Article of War 97 (conduct prejudicial to good order and military discipline), an administrative penalty.
READ: Court martial to determine trial over Davao businesswoman’s killing
10-12 years in prison
His former subordinates—Sgt. Delfin Sialsa, Cpl. Adrian Cachero, and Private First Class Rolly Cabal—were found “guilty beyond reasonable doubt” of violating Article of War 97.
Sialsa and Cachero were sentenced to 10 to 12 years in prison, while Cabal got a prison term of four to six years.
Sialsa, Cachero, and Cabal were also punished with a dishonorable discharge from the service.
Col. Michael Licyayo, Durante’s former deputy, was also acquitted of violating Article of War 96 also due to “lack of evidence.”
Two other Durante subordinates—Master Sergeant Ariel Ballesteros and Staff Sergeant Gilbert Plaza—were also cleared of violation of Article of War 97.
To remain in custody
Col. Louie Dema-ala, the Philippine Army spokesperson, told the Inquirer on Saturday that Durante and the other officers would “remain under the custody of the Philippine Army, pending official resolution.”
“The convening authority will still approve the recommendation of the Special General Court Martial for it to be final,” Dema-ala said.
If approved, Durante’s military status and benefits will be reinstated, he added. The former PSG chief was relieved of his post a month after the killing as his name got dragged into the case.
“However, his reprimand disqualifies him from designations to positions of major responsibility. It is now up to the higher authorities to decide what his next assignment will be,” he said.
He said Durante was reprimanded “due to his failure to supervise and control personnel assigned under his command by not adopting measures or employing assets to determine and prevent unlawful actions and activities.”
“The SGCM based its decision on the strength of evidence. Those acquitted were not sufficiently linked by credible and admissible evidence to the charges and specifications against them, while those found guilty were proven beyond reasonable doubt,” he added.
Durante was among the 10 individuals charged with murder, obstruction of justice, and theft by the Philippine National Police in January 2023.
According to Dema-ala, Durante has no more pending cases in civilian courts in connection with Plaza’s killing, but the family of the victim may submit a formal letter of concern or appeal for reconsideration, which may be considered through proper channels in accordance with AFP procedures.
The criminal cases against the other accused are still being heard in a civilian court, while the one against Durante did not prosper for lack of evidence, the Army spokesperson said.
‘Crime of passion’
Plaza, 38, was shot at close range by one of two motorcycle-riding men just outside her home at Green Meadows subdivision in Barangay Tugbok, Davao City, on Dec. 29, 2022.
Cachero had admitted to being the driver of the motorcycle in the killing.
Sialsa, the alleged gunman, earlier testified that Durante, who served as PSG chief during the term of then President Rodrigo Duterte, masterminded Plaza’s murder.
Durante, while saying “Yvonne was a friend,’’ denied any involvement in what the Davao regional police chief at the time called “a crime of passion,’’ citing evidence of an affair between the general and the model.
In April 2022, months before her death, Plaza posted photos on social media showing her injuries caused allegedly by Durante, a married man.
According to a special investigation task group formed for the case, Durante allegedly tapped the services of six Army soldiers, all from the 101st IB, and three other people for the hit job.
The Philippine Army initiated general court martial proceedings against Durante and others in April 2023. The military court was composed of seven members – three one-star generals and four colonels—and was chaired by Brig. Gen. Jovencio Gonzales. /cb —With a report from Inquirer Research
Sources: Inquirer Archives
