Consolidation of cases delays arraignment of suspects

The arraignment of the two suspects of the rape-slay of 13-year-old Maylen of Carcar is, for the meantime, stalled pending the provincial prosecutor's comment on a motion filed by the lawyer of the two accused and the consolidation of two similar cases filed in two regional trial courts.

Regional Trial Court branch 24 clerk of court Aurora Peñaflor, in an interview, said that they are waiting for the provincial prosecutor's office to comment on the motion for reinvestigation filed by assistant public attorney Elisa Porio, who represented the two accused, Maximo Laputan and his older brother Concordio. Maximo and Concordio were charged for the rape and murder of Maylen, 13, on September 6 in sitio Kamang-kamang, barangay Ocaña, Carcar town. Maximo is the victim's father and Concordio is the victim's uncle. Both are now detained at the Cebu Provincial Detention and Rehabilitation Center.

Porio, in a motion, stated that the two accused, who were arrested without a warrant, were not afforded the benefit of a preliminary investigation when the information on rape with homicide was filed in court by the office of the provincial prosecutor.

"We can't act yet until we receive their comment," said Peñaflor refuting reports that the RTC is not taking action on the said motion.

On September 22, the provincial prosecutor's office was given 10 days to comment on the motion but as of yesterday it had not done so.

RTC branch 24 judge Olegario Sarmiento, who was assigned the other rape with homicide case against the two Laputans, showed willingness to handle the case. Peñaflor said the judge has even ordered for the transfer of records of the case from branch 14 to his court. For his part, RTC branch 14 presiding judge Raphael Yrastorza, who was assigned the other rape with homicide case against the Laputans, had already ordered for the consolidation of the two cases. Meanwhile, there is still no complaint filed against self-confessed accomplice to the crime Ronnie Tabora, who first came out as an eyewitness to the crime but later on confessed to having participated in it. - Liv G. Campo