Pajantoy finally appeared in court yesterday to surrender. However, his motion for reconsideration and motion to dismiss filed at the Ombudsman for the Military were denied.
Since the court could not hold in abeyance his warrant of arrest, Regional Trial Court branch 5 presiding judge Ireneo Lee Gako then ordered for Pajantoy's imprisonment.
Ombudsman-Visayas lawyer Macaundas Hadjinasul handed yesterday to Gako and to the defense counsels the order denying Pajantoy's motion for reconsideration, with motion to hold in abeyance and motion to dismiss dated May 16, for "lack of jurisdiction" as the case is already filed in court.
Last week, the hearing of Pajantoy's motion to recall warrant of arrest was twice postponed as he failed to present himself to the court.
Pajantoy on Tuesday and Wednesday were on duty and in Manila, respectively, according to his lawyers.
Earlier, Gako told Pajantoy's counsels to present him so that the court would have jurisdiction over him and that his motion be heard. The hearing was reset yesterday, Monday.
As promised, Pajantoy's counsels led by Clarence Paul Oaminal, presented the accused but Hadjinasul personally handed to the court the copy of the Ombudsman for the Military's decision dated June 20 on Pajantoy's motions. Thus, Gako had to order for the incarceration of the accused.
"I'm sorry we have to enforce the law, but it's assured justice will be served," Gako told Pajantoy.