CEBU, Philippines – RTC branch 23 Judge Generosa Labra scheduled this morning the hearing of Dumpit’s twin motion, which he filed immediately after the case was raffled off last Monday.
Labra will decide whether or not the policeman will finally be taken into custody or shall remand the case to the anti-graft office for reinvestigation.
Lawyer Rizalina Zozobrado, counsel for the family of the 17-year-old Ronron Go, a suspected robber that Dumpit allegedly shot dead, said they will not be presenting witnesses today. She said today’s hearing will just be an oral argument on the motion.
As soon as the court decides to issue a warrant against Dumpit, he will be held in custody considering that the murder case is non-bailable.
The Office of the Ombudsman for the military earlier indicted Dumpit after finding probable cause that he intentionally shot and killed Go last Dec. 14, 2004 in barangay Tejero during a follow-up operation of a jeepney robbery at the North Reclamation Area.
Ombudsman Merceditas Gutierrez approved the resolution and endorsed the case records to the RTC criminal division.
Dumpit, in the motion for reinvestigation prepared by Atty. Pedro Leslie Salva, questioned the process, saying his rights to due process were violated.
The policeman said he was not afforded the right to defend himself in the preliminary investigation that resulted in his present indictment.
In an interview with Dumpit yesterday, he said he will be filing a five-day mandatory leave from his work at the Cebu City Police Office for the celebration of his birthday on Wednesday and to focus on the case filed against him.
He however clarified that he is not affected by the case as it is already a part of their job. He said he will focus on the investigation and free his mind from other matters such as his work at the CCPO.
If the motion for reinvestigation is dismissed and he will be served with a warrant, Dumpit said he is willing to surrender and have his hands handcuffed.
The policeman said he will still not reluctantly fight armed suspects as it is the due process. – Fred P. Languido and Niña G. Sumacot/WAB (THE FREEMAN)