NBI opposes release of Sison slay suspect
The National Bureau of Investigation stood by the legality of the arrest of the suspect in the murder of lawyer Richard William Sison as it opposed yesterday the defense’s move to have the suspect released and conduct a regular preliminary investigation of the case.
NBI regional director Medardo de Lemos and supervising agent Rennan Oliva asked the prosecutor’s office to dismiss the motion filed by lawyer Wendell Quiban asking for the revocation of the waiver of detention of Nemuel Sumabong.
The NBI likewise opposed Quiban’s motion to release his client to give way for the regular preliminary investigation. Quiban claimed that Sumabong’s arrest was illegal because there was no warrant of arrest. He added that it does not also fall under a hot pursuit operation.
But, the NBI said that the Revised Rules on Criminal Procedures, particularly Section 5 of Rule 113, enumerates the circumstances wherein an arrest without a warrant is considered valid.
According to the NBI, the positive identification of Sumabong by the witnesses who were present during the killing of Sison is a strong ground for them to believe that there was probable cause that the suspect is responsible. Thus, the arrest was made.
The NBI officials said that Sumabong’s claim that he was on duty when the crime happened are all “alibis” that are self-serving and misleading. In fact, the NBI cited that Sumabong claimed to be a security guard working under King David Security Agency but a certification from the Firearms, Explosives, Security Agencies, and Guards Supervisory Section shows that he was not listed as among those licensed to practice the profession as a security guard.
The NBI also pointed out that neither his agency was licensed. Based on record, King David Security Agency’s license to operate had already expired.
De Lemos and Oliva also argued that Quiban has no personality to ask for the revocation of Sumabong’s waiver of detention. According to them, Sumabong did not sign the motion making it “fatally defective.”
They contended that a waiver of right is personal in nature and cannot be delegated, in as much as one cannot delegate somebody else to go to jail on his or her behalf.
Sumabong already submitted his counter-affidavit before the prosecutor’s office denying the complaint against him. He said he was on duty as security guard of the building owned by the Gochans on
He was arrested last week in Purok 8, barangay Camputhaw by NBI operatives after he was tagged by witnesses as the gunman in the murder of Sison last May 21.
Sison stopped for a red light along
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