Carlito Sandag claimed that the panel of prosecutors erred in making unwarranted inference against his failure to appear during the scheduled clarificatory hearing.
He also claimed that the panel of prosecutors erred when it failed to consider the testimonies of his witnesses and not giving credence to his defense of alibi.
He claimed that he was able to establish his alibi as six witnesses can testify to his whereabouts when Cuizon was ambushed in sitio Gaway-gaway, Uling, Naga town, on October 10, last year.
The panel headed, by Napoleon Alburo, indicted Sandag, his brother Robert, Danilo Camilotes and Marcos Billones for the crime of frustrated murder.
But, Sandag said the panel should inhibit from hearing his motion for reconsideration for alleged biases.
Cuizon, who survived from the ambush, identified Robert Sandag and Camilotes as the men who fired at him using an armalite rifle and a handgun, respectively.
Cuizon identified the suspects after being shown video footage by ABS-CBN while he was in his hospital bed. A taxi driver, Pablo Sumandig, who happened to pass by the ambush area also identified Billones and Carlito Sandag as the ones who allegedly ordered the men on the motorcycle to tail the car of Cuizon speeding towards barangay Don Andres Soriano, Toledo City, after the ambush. - Fred P. Languido