Trial of student's killing hits snag

CEBU - The filing of two information of the case against the three accused in the killing of nursing student Ruby Jade Ruba seven months ago caused the trial to drag on.

The two information of the case has been the center of extensive debate yesterday between the defense and the prosecution panels that stalled the arraignment and re-arraignment of the accused.

Regional Trial Court Judge Manuel Patalinghug scheduled yesterday the re-arraignment of Aivan Barabat and Mark Anthony Labitad Gabriel who were first to be charged with robbery with homicide on March 10.

At the same time the court scheduled the arraignment of third accused Karl Marx Carticiano.

The re-arraignment and arraignment were, however, postponed because of the strong objection of Carticiano’s counsel, Pedro Rosito.

Rosito questioned why there were two information of the case filed against his client which, he claimed, a violation of his Constitutional rights.

Rosito said under the rules, there should be an amendment to the first information that was filed against Barabat and Gabriel.

He said Carticiano was not included in the first information but his client was mentioned in the second information for his alleged conspiracy with Barabat and Gabriel.

Rosito moved that the information of the case against his client be quashed for being a violation to the Constitution.

The prosecution panel headed by Assistant Cebu City Prosecutor Jesus Feliciano said it filed a motion to amend the first information of the case but this was opposed by Barabat and Gabriel.

The objection prompted the prosecution panel to abandon it and opted for the joint trial instead, a move that was also rejected by Rosito.

Patalinghug was forced to postpone the arraignment of Carticiano yesterday until he will rule on whether to allow the joint trial of the case following the prosecution’s abandonment of its motion to amend the information.

Private prosecutor Rameses Victorious Villagonzalo described the move of the defense as a “self-inflicted” dilatory tactic.

“Ang akong tan-aw medyo ilang gilawgaw ang kaso. But we are prepared,” Villagonzalo said.

Ruba’s father, Vicente, said he was disappointed by the delay of the trial.

“Ang ako untang gusto nga ang justice madali,” he told reporters. — Fred P. Languido/LPM (THE FREEMAN)