CEBU, Philippines - Regional Trial Court Branch 23 judge Generosa Labra yesterday cancelled the supposed hearing of the motion for reinvestigation and holding in abeyance of the arrest warrant against SPO1 Adonis Dumpit and had the case records returned to the office of the clerk of court for re-raffling.
In an order, Labra said she found out that suspected robber Ronron Go, whom Dumpit allegedly summarily executed five years ago, was a minor during the commission of the crime and therefore this case should be tried in a family court.
The records of the case were returned yesterday to the Criminal Division and will be re-raffled on Monday to the designated family courts in Cebu City. The Supreme Court has designated Branches 6, 20, 22 and 24 here as such courts.
However, Branches 22 and 24 are temporarily not included in the raffle of newly filed cases to even out the number of cases assigned to the other two braches of family courts. This mean that on Monday the murder case against Dumpit will be raffled to either Branch 6 or 20, which are presided by judges Ester Veloso and Bienvenido Saniel, respectively.
Whoever gets the murder case of Dumpit will act on his pending motion for reinvestigation and the holding in abeyance of the issuance of the warrant of arrest.
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 to 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 moved for the reinvestigation questioning the lack of due process by the anti-graft office. He said he was not afforded his right to due process by the Ombudsman before he was charged in court.
He also said he was not afforded the right to defend himself in the preliminary investigation that resulted to his present indictment. –Fred P. Languido/BRP (THE FREEMAN)