November 30, 2020

His Excellency
President Rodrigo Roa Duterte
Republic of the Philippines
Malacañian Palace, Manila

Dear Sir President,

The undersigned teacher and mother of Bernanrd Nucup (deceased) and the family
of Hernan Galang (PDL) were compelled to write at your Honorable office due to lack of in-
depth evaluation from the JOINT RESOLUTION: NPS No.III-18-INV-17J-1211 for
Frustrated Murder; NPS No.III-18-INQ-17H-0564 Crim Case No.CT17-6811-11 & CT 17-
6812 (Capas RTC#66) for MURDER (2 COUNTS) executed by Prosecutor MILA MAE G.
MONTEFALCO-IKESHITA, Asst. Provincial Prosecutor of Tarlac City particularly NPS
No.III-18-INV-18A-0045 filed to NBI Tarlac City by parents Alfredo & Ma. Dolores Nucup of
said deceased son/driver of LAZADA (Bernard Nucup) for MURDER by Concepcion Tarlac
Municipal Police Station members namely PO2 Reymond Magcalas, PO1 Ricky Gonzales,
PO1 Mark Bucu, PO1 John Paulo Ramos & PO1 Petronilo Bassig which was dismissed by
the above said prosecutor;
That the TOYOTA commuter van with plate no. ADJ-2035 registered to owner Victor
Palparan a Police officer and lessee of LAZADA Company which was allegedly used by
Bernard Nucup LAZADA driver and Hernan Galang helper for killing Jaime Baquing and
Chody Baquing (both deceased) and the said Frustrated Murder filed by Marcelo Marcelo
and Rustico Sevilla (survivors). The Concepcion Tarlac Police alleged that both accused
were a part time hit man and then shall continue to deliver the items of LAZADA just like in
the movies;
That the said Joint resolution was not properly reviewed by the said prosecutor since
she was given 3 weeks to a month of 2018 to decide on the said case but end up to a year
2019 with many follow ups at her office and according to her she was a just and fair
prosecutor, Hence we gave our trust and the family of the accused and we waited for her
fair and just Resolution. Prosecutor Tumang was the first to handle the case and the family
of the accused filed a complaint to Presidential Complaint Center PCC Code No. WC-MGA-
05-04-2018-065 and forwarded to Department of Justice Action Center (DOJAC) and
Presidential Complaint Center PCC Code No. WG-NEM-07-17-2019-126 with office of the
President with Bar code sticker * R E 1 9 2 7 3 2 0 * received by NEIL dated July 17, 2019
time 3:28 PM, tel. no. 7844286 Loc 4151 hand written by Jennifer D. Palparan to personally
talk to you sir President to fullfil the justice we deserve they said they will call but said wife
have not yet received any calls. The reason is to transfer the cases to other venue for
possible unfair Judgement but the duty lawyer in DOJAC that time said it was our
presumption and wait for it to happen before they will take action, so our presumption
became real. The said prosecutor dismiss the case filed with the NBI to the Concepcion
Police and was not given a chance to the so called “Beyond reasonable doubt” for both
accused BERNARD NUCUP and HERNAN GALANG for the mistake by the Concepcion
Policemen to fire at suspect/s without critically thinking that the suspects might be innocent,
simply because why would the killers have such a dumb idea of shooting their targets in the
morning and then roam around at Concepcion Tarlac area and then have their lunch in a
canteen where the crime nearby took place just to be caught and be killed by the
Policemen. The fact that they are just LAZADA contract delivery men.
That both families of the accused were baffled by the result from the truth to the said
Joint resolution of the said Prosecutor to wit:
1. She never bothered to thoroughly look into the pictures of evidence. She wrote
that inside the van was clean and there were no trace of any items inside, where
in fact there is a clear picture shows different items to be delivered to the rest of
the LAZADA customers with code numbers and the collected money from the
customers previously delivered to them inside the van containing different items
and money paid by the customers, cellphone, etc. and executed affidavits as
witnesses/customers in favor of the accused.
2. The PNP Crime Laboratory Region 3, SOCO results were all of recovered
tested bullet, slugs, shells and others were not matched to the alleged .45 caliber
gun recovered/planted beside the said killed driver. Then how the accused be the
killer if the deceased driver Bernard Nucup was tested negative to paraffin test
his family were present when the said test was conducted while the detained
Hernan Galang was told by said Concepcion Police the test was very painful and
he cannot use his hands for weeks and it will become inflamed by the hot wax so
he refused to be tested. He was alone when he was brought to Tarlac Crime
Laboratory his father wanted to accompany him but the Police refuse to allow
Hernan’s father. The said accused/helper was the witness survived in the killing
of the deceased driver Bernard Nucup who can prove that they were both
legitimate LAZADA delivery personnel.
3. The Prosecutor just based her decision on the Police allegation on the said
flagged down. where in fact how can a Police officers flagged down a van which
was only parked beside a canteen and if that is true that there was a flagged
down the van during that time should be coming from and going to pass that said
road.
4. That the witness Marcelo Marcelo with recanted statement from the NBI was
our witness in favor of the accused and not the side of the Baquing’s which said
Prosecutor had reversed it favored to the complainants. The said witness
survived with gunshots on his head and his dorso-abdominal portion and when
he was taken with a hand written affidavit at the hospital by the Concepcion
Police officers he insisted that the killer of the Baquing’s were not the two
accused in the picture which was shown to him by the police. Marcelo Marcelo
was an old friend of Jaime Baquing (deceased) and was about to pay his debt on
the time of the shootings.
5. The CCTV footages of Magalang Municipality submitted evidence for the
respondents was not mentioned/omitted by the prosecutor in her resolution
wherein at the time of Baquing’s murder 6:38 in the morning both the accused
were having breakfast at Brgy. San Pedro, Magalang Pampanga before they
came from Calibutbut, Bacolor Pampanga after picking up delivery items from
LAZADA Hub on a daily basis. It was clearly shown in the CCTV that both said
 accused alighted at the van without any other person alighted after them. If there
was a real third person/suspect at Brgy. San Nicolas armed encounter there must
be traces/record from PNP SOCO3 of said John Doe fired at the alleged place
but not even a single gunshot fired inside the van.
6. The entire journey of the van were taken on the way to series of CCTV spots
in Municipality of Magalang Pampanga up to Concepcion Tarlac Boundary
unfortunately the Concepcion, Tarlac CCTV was out they said there was a brown
out how timely and there are many bystander in the place who took videos of the
killing scene but all cell phone were confiscated by said Police and erased by
them. According to Tarlac electric (Tarelo II), Concepcion Tarlac every time there
will have a schedule of power shot off they will post it on their Facebook account
but there was none on said date in the place of incident. If Concepcion PNP were
sincere to their allegation why they have failed to show the CCTV footage at San
Nicolas, Concepcion, Tarlac where the alleged armed encounter occurred. The
only CCTV they have presented was the picture of the van which was travelling
from Magalang to Concepcion road pointed at by the witness of the complainant.
7. That all Baquing’s witnesses description were three (3) unidentified male
person by the age of 40-45 and contrary to the two (2) accused both age of 20’s,
witnesses said the killers arrived 6:38 AM and stayed at Baquing’s residence for
almost 30 minutes and that the culprits were wearing PNP uniforms while the
said van arrived at ERN fuel (Petron Gas station), San Roque, Magalang at 7:00
am on said date from the receipt were both accused filled up gas in the van daily
before entering the boundary of Concepcion, Tarlac. So, while the murder is
taking place at Baquing’s residence both accused onboard said van were just
passing through Magalang Pampanga-Concepcion Tarlac road. Note that in the
SOCO pictures of evidence there was none of any Police uniforms or PNP
ballcap/s.
8. That all necessary and legal documents from the time the undersigned
applied from Lazada until the killing of said driver and helper has been submitted
to said Prosecutor and another copy of the documents were also submitted to the
Regional Investigation Detection Management Division (RIDMD3) and Regional
Intelligence Division (RID3) both Camp Olivas City of San Fernando, Pampanga
for verification and the undersigned was cleared about the legitimacy of the
undersigned LAZADA delivery business.
9. The National Bureau of Investigation (NBI Tarlac, City) was convinced that the
case was a murder hence the Bureau represented by Jun Sacmar investigator on
said case had exerted their efforts to gather evidences and witnesses even
though some witnesses were hesitant to help. The NBI and the Prosecutor
should be part in bringing up for truth as in the Pillar of Justice System but it
seems the Joint resolution was not.
10. The family of said deceased driver and detained innocent/helper have seek
the help of many Politicians but they are aloof to the said case even if for truth to
come out and only a few like Mayor Pecson of Magalang and Ex-Mayor Hizon of
Bacolor both Pampanga helped the family and with the Moral Support of our ka
Barrios every time there will have a hearing in the Prosecutor’s office, the Court
and Napolcom (CA-G.R. SP NO. 161836).
 As an elementary teacher a student can simply comprehend that a person/s cannot
be in two places at the same time that is a fact even in science. There is a legal phrase: "It
is far better that 10 guilty men go free than one innocent man is wrongfully
convicted ...
Thus in the re-investigation at Prosecutors office our Pro Bono lawyer Atty. Sylvia
Alfonso-Flores filed a motion to transfer the Prosecution out of Tarlac City whereas from the
very start the said Prosecutor were unhelpful from taking copies of the case and they knew
that the families of the accused come a long way from Magalang Pampanga but they still
making them going around in circles it took the said Prosecutor to dismiss the re-
investigation for Murder of Bernard Nucup committed by Concepcion Police before they got
a copy for a year. Because of such decision/resolution the agony of the family of both
accused continues to suffer and their struggle to have a sustainable job were change to
more debts and the said Police officer owner of said van who just want a sustainable
business and his wife had a post traumatic depression. An undying cry for justice of the
grieved family of the killed driver just to have a brighter future for her little girl and a
detained father of a young boy who can never attend to him for as long as his in Jail. Those
dream has gone now. Is it a crime to be a driver and a helper delivering to their satisfied
customers? they are in the wrong place at a wrong time, a case of “mistaken identity” If the
above said phrase is true then the said case deserves reconsideration.
The undersigned and family of the accused are pleading to you Sir President to give
us the Justice we deserve and clear our names in this trying times.

Respectfully yours,

Ma. Dolores Nucup

Mother of Bernard Nucup
Copy furnished via registered mail:

SENATOR CHRISTOPHER LAWRENCE T. GO

Senate Office: Rm. 507 & 14 (New Wing 5/F)
GSIS Bldg., Financial Center, Diokno Blvd., Pasay City

SALVADOR S. PANELO
Chief Presidential Legal Counsel
Office of the Chief Presidential Legal Counsel 
4th floor. New Executive Bldg., San Miguel, Manila

MENARDO I. GUEVARRA
Secretary of Justice
Department of Justice
Padre Faura Street, Ermita, Manila City NCR

ERIC B. DISTOR
NBI, Director Officer-in-charge
NBI Building, Taft Avenue, Ermita, Manila, Philippines 1000

RAMON M. RANESES
NAPOLCOM, Director
DILG-NAPOLCOM Center, EDSA corner Quezon Avenue,
Quezon City NCR