Prosecution allowed to challenge rejection of state witness

The prosecution panel in the mega shabu laboratory case was finally granted yesterday the chance to file a motion for reconsideration of the decision of the Regional Trial Court-Mandaue City denying the prosecution's plea to turn one of those indicted to the case into a state witness.

RTC Judge Marilyn Yap earlier rejected the prosecution's move to discharge Hung Ching Chang, a co-accused in the shabu laboratory case, prompting senior state prosecutor Archimedes Manabat and his panel to file for a motion for reconsideration of Judge Yap's decision.

This motion for reconsideration was denied then because the prosecution failed to send notices of motion to all parties of the case, which is mandatory under section 4, rule 15 of the Rules of Court.

Defense lawyers Vicente Fernandez II and Hector Fernandez also opposed the filing of the motion and cited, among others, that the defense has not been the cause of delay of the proceedings, contrary to the statement of the prosecution.

However, in Judge Yap's order yesterday, she allowed the re-filing of the prosecution's motion because a formal defect did not and should not bar the filing of a motion for reconsideration.

Judge Yap also said that a closer look into the circumstances in last May 12 hearing, the absence of prosecution witness Supt. Adzhar Albani that caused the delay of the proceedings did not show the prosecution did it deliberately to make it a vexatious, capricious or oppressive act.

Albani finally appeared in court yesterday and explained that his absence was due to health reasons. As a prosecution witness, he was supposed to testify last May 12 to corroborate the earlier testimony of Mortezza Tamadoni that the mega shabu laboratory had existed in Mandaue City.

Judge Yap warned Albani that the court would penalize him severely if he failed to appear the next time he is called to testify, then ordered him to post bail to ensure his appearance in court.

The court also directed the prosecution to finish its presentation of testimonial evidence and start offering its documentary evidences to the case.

Meanwhile, lawyer Vicente Fernandez II asked the court to allow his client, Liu Bo, to undergo a medical examination due to the noted presence of blood in his urine. Yap in turn directed the warden of the Mandaue City Jail, where Liu and 10 other co-accused are detained, to check on Fernandez' claims.

Lawyer Gloria Lastimosa-Dalawampu began her court appearance yesterday as one of the counsels of accused shabu financier Calvin Tan.

Tan has been indicted as the alleged financier of the shabu laboratory in barangay Umapad and in two other warehouses in barangays Looc and Paknaan, which when raided turned out to be the biggest so far in Southeast Asia. - Mitchelle P. Calipayan