"A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime" of the same nature, said a recent Supreme Court ruling.
The scheduled arraignment of Corpin yesterday was delayed due to the motion of private prosecutor Adelino Sitoy for an amended information.
Regional Trial Court judge Gilbert Moises had to wait for the comment of defense counsel Sisinio Andales over Sitoy's motion that sought for inclusion in the information of the case that the accused is a recidivist.
Andales countered that Sitoy earlier mentioned that Corpin was convicted for illegal possession of firearms and other violations, and these "are not in the same title in the penal code" and thus have no legal basis to label the accused as recidivist.
Judge Moises then directed Andales to submit his comment, not later than five days from yesterday, so that a decision would be issued whether to accept or deny the prosecutor's amended information.
At least eight people, including Parilla's wife Susan, signed affidavits against Corpin. Three of them were positive that it was Corpin who shot and killed Parilla after the victim disembarked from a vessel at the port area last September 7.
A woman from Naval, Biliran-where Parilla was residing-also filed another affidavit as an eyewitness.
She said she was only about a meter away from Parilla, while walking down the ship's ramp, when Corpin pushed her aside and then shot the 52-year-old former governor. - Rene U. Borromeo