The Department of Justice (DOJ) has dismissed the murder complaint against a pastor linked to the killing of a candidate for Mr. Cagayan de Oro 2023 due to lack of probable cause.

In a nine-page resolution, the DOJ granted the petition for review filed by Pastor Dimver Andales.

Andales and a certain alias “kuya” were arrested in October 2023 after the two were accused of killing Mr. Cagayan de Oro candidate Adrian Fornillos on May 19, 2023.

Fornillos was shot dead on his way to his mentor’s house to practice his performance for the pageant.

The DOJ said there is no sufficient evidence in the complaint against Andales. However, the DOJ found probable cause against alias “Kuya,” based on witnesses’ testimonies.

“Wherefore, the petition for review is accordingly granted. The assailed resolution dated 06 October 2023 of the Office of the City Prosecutor of Cagayan de Oro is hereby partially reversed and set aside. The case against respondent-appellant Andales is hereby dismissed for lack of probable cause,” reads part of the resolution.

The City Prosecutor’s Office was also directed to withdraw the information against Andales before the Regional Trial Court and to report the action taken within 10 days.

Atty. Rhobert Maestre, Andales’ former legal counsel who filed the petition before the DOJ, said they consider the DOJ resolution a victory.

“Gikalipay nato kay mao man gyud ni ang nakanindot sa dagan sa atong accusatorial and judicial system kay naa’y mag-akusar unya ikaw mag-validate nga inosente ka. So after all murag na-validate lugar mi nga sakto ang among theorya sakto among mga pangagpas gi-insist lang namo nga maproteksyonan ang iyang katungod ug iyang innocence kay lain-lain man og appreciation. So karon gi-grant naman gyud ang atong petition for review sa atong Secretary of Justice,” Maestre said.

Maestre said he is no longer part of Andales’ legal team, starting in July 2024. He did not elaborate on the reason.

Fornillos’ family is yet to issue a statement. Their lawyer has yet to respond a request for comment, as of this writing.