CEBU, Philippines - Prosecutors handling the murder case against SPO1 Adonis Dumpit are asking the court to transfer the hearing of the case to Makati City.
In a manifestation filed before the Regional Trial Court, State Prosecutor Llena Ipong Avila said the move is intended to “forestall a miscarriage of justice and protection of the witnesses.”
Dumpit is facing charges for allegedly killing a suspected robber in 2004. Two of the witnesses in the case are now under the Witness Protection, Security and Benefit Program of the Department of Justice.
Avila said that on Monday afternoon, they received a copy of the letter request of DOJ Secretary Agnes Devinadera to SC Chief Reynato Puno for the transfer of the case to Makati City. The letter, however, was not attached to the manifestation filed before the RTC for being “confidential.”
For his part, Dumpit’s lawyer Pedro Leslie Salva said there is no legal basis to transfer the trial to Makati. He said there is no threat to the security of the prosecution witnesses whose affidavits are allegedly manufactured.
Salva, however, did not confirm whether or not he will oppose the move, saying, “We are not afraid to face them anywhere bisa’g adto pa sa Basilan.”
The bigger concern, he said, is whether or not his client could afford the cost of transportation to and from Manila.
“Kalayo gud. Unsaon man pagbayad sa pulis sa plete sa abogado nga pila ra may sweldo sa polis?” Salva said.
Also yesterday, Salva filed a formal manifestation asking the court to adopt the amended resolution and information of the case from the Military Ombudsman and other Law Enforcement Offices, which downgraded the murder case against Dumpit to homicide.
Salva said the Office of the Ombudsman for the Visayas, which opposed the adoption of the amended resolution, has no authority to prosecute the case.
Salva said that based on a Supreme Court ruling, it is MOLEO that has the authority to resolve the preliminary investigation on criminal cases involving law enforcers.
Salva explained that the court can only intervene if there is grave abuse of discretion committed by the MOLEO in resolving the case. In the absence of this element, the court reportedly has no other option but to admit the amended resolution claiming that this duty is ministerial on the part of the court.
Last week, the Visayas-Ombudsman and the Cebu City Prosecutor’s Office were locked in a tug-of-war as to who should prosecute Dumpit, both agencies saying they have the legal authority to do so.
The anti-graft body cited a provision in the Ombudsman Act while the public prosecutors quoted the Military Ombudsman’s motion allowing them to act as “deputized ombudsman prosecutor.”
The court is yet to resolve the motion to allow Dumpit to stay at the Criminal Investigation and Detection Group detention cell.
Dumpit asked the court to allow him to stay under CIDG custody for fears that inmates at the Cebu City Jail will get back at him, considering that he was responsible for the arrest of several suspected criminals.
The Ombudsman, however, described Dumpit’s argument as “highly speculative.” The Ombudsman said Dumpit’s chances of escaping from the CIDG detention cell at Campo Sotero Cabahug are “high.”
RTC Judge Ester Veloso told the Ombudsman and prosecutors to come up with a “unified stand” on the issue. - Jasmin U. Labaco and Fred P. Languido/JMO (THE FREEMAN)