"Dili man kinahanglan. Pwede na siya dili mo-testify (There's no need at all. He may not testify)," said defense counsel Honorato Hermosisima, Jr. on Wapille who refused to be presented as the defense witness. Hermosisima said they respected their client's refusal as it is his right.
Wapille was suspect for the murder of Pagadian City broadcaster Edgar Damalerio on May 13, 2002. After witnesses, that included Damalerio's wife, Gemma, and his friend Edgar Ongue, reported of threats to their lives the Supreme Court ordered for the transfer of the case here.
The same court also ordered a marathon hearing of the case considering most of the witnesses had to be transported from Pagadian city.
The case kicked off early June after the second information was made valid. The first one was quashed as it was signed by the wrong people.
After Wapille pleaded not guilty to the crime he was charged of, the trial was set. The prosecution presented all its witnesses that included Ongue, who testified that he was with Damalerio when the radioman was shot dead. Ongue pinpointed Wapille as the gunman. He said he was with Edgar Amorro who was supposed to be the prosecution's another eyewitness, however, Amorro was silenced by an untimely death.
On July, the defense had its turn to prove the innocence of the accused. One of its witnesses included Bernardo Regis who claimed he saw who shot the broadcaster as he was just four meters away from the crime scene. Although he was not certain he said it was Ronnie Kilme he saw shooting Damalerio the night of May 13. Without presenting Wapille to defend himself, the defense presented its additional exhibits signaling that it had no more witnesses to present.
Hermosisima presented to the court copy of the transcript of the preliminary investigation conducted by the Office of the City Prosecutor in Pagadian city. However, prosecution counsels Fernando Gubalane and Nicolas Sellon refused, as yet, to admit it as evidence as they need time to verify its authenticity. "We admit that the photocopy is the reproduction of the alleged original," Sellon said on the photocopy of the "transcript" after going over through it.
After it was agreed upon, Judge Ramon Codilla gave the defense five days to submit its formal offering and five days, after that, for the prosecution to comment.
After Codilla shall have perused their respective filings, both parties shall then be given 15 days to file their respective memorandum. Then they shall wait for the court's resolution.- Liv G. Campo