Accused in ambush of sales manager to sue arresting officers

CEBU, Philippines - Jerome Noel, the alleged mastermind in the failed attempt to kill Tahieyo Cement marketing manager Nestor Zamoras at Gorordo Ave. last June, plans to sue his arresting officers.

So said Noel’s legal counsel, Rodolfo Valmoria, Jr., in a hearing yesterday at the Regional Trial Court (RTC).

Valmoria claimed that the arrest of Noel was illegal. He revealed that they will move for the suppression and exclusion of the evidence gathered from what they stressed was an unlawful and warrantless search.

Noel was arrested in relation to the ambush against Zamoras last month. Zamoras made a turn for the Ayala Access Road on his way to lunch when two men on motorcycle fired shots at his vehicle. The bullets from the Ingram machine pistol, though, were not able to penetrate as Zamoras’ car was bullet-proof.

The gunshots were heard from the nearby headquarters of the Cebu City Police so members of the Special Weapons and Tactics were able to respond immediately. The chase led to the arrest of one man, and later Noel.

In yesterday’s hearing, Judge Samuel Malazarte of Regional Trial Court Branch 15 said the prosecution should comment within 10 days on Noel’s motion to quash information or to suppress evidence.

Noel asked the court that the entry of appearance be noticed, that the information in the case be quashed, and that the evidence obtained “by virtue of the unlawful warrantless search” be suppressed.

“The belief that to value the privacy of home and person and to afford its constitutional protection against the long reach of the government is no less than to value human dignity…,” the motion reads.

Judge Malazarte holds the case against Noel for violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act. The policemen claimed they seized a stalk of marijuana from Noel.

As for the hearing on Noel’s cases for attempted murder and illegal possession of firearms, this was postponed because Judge Gabriel T. Englis is on leave.

Englis will hear the two cases at 8:30 in the morning of Oct. 5. — THE FREEMAN