Suspect in Jore killing wants case dismissed

CEBU, Philippines - Alleging that his arrest was illegal, the former Army Scout Ranger tagged earlier as suspect in the killing of convenience store owner Lalaine Oliver Jore last February 17 has asked the court to dismiss the murder complaint against him.

Filomeno Amistad, through lawyer Ethelbert Ouano, yesterday filed a 10-page Motion to Quash, alleging that the court has no jurisdiction over him because he was arrested unlawfully. 

“The arrest was effected without a valid warrant of arrest issued by a judge upon personal determination of probable cause after examination under oath or affirmation of the complainant and his/her witnesses,” the motion reads.

Amistad argues that the commitment order issued by the Regional Trial Court last March 2, two days after he was arrested in Carcar, “cannot be used by the people to cure an otherwise invalid deprivation of liberty.”

Amistad said he cannot wait before his case would be raffled off to a particular branch of the court and such administrative procedure reportedly should not bar him from knowing whether his continued incarceration without bail is proper and legal.

Amistad said the warrantless arrest was allegedly not within the exceptions provided for by law, as provided by Rule 113, Section 5, of the Revised Rules of Criminal Procedure.

He further said a warrantless arrest reportedly could not be a valid inflagrante delicto arrest for possession of illegal possession of firearms.

Police alleged Amistad was the man caught in a video footage from the security camera installed inside Jore’s convenience store and internet café at Krizia Building along Gorordo Avenue.

Amistad quickly denied any hand in the brutal killing. Jore was shot several times while manning her store early that fateful night on February 17.— Jasmin R. Uy/JMO (THE FREEMAN)