Court cancels bail for accused in Gorordo ambush

CEBU, Philippines – The bail for one of the accused in the ambush of Tahieyo Cement marketing manager Nestor Zamoras will be cancelled by the court because of the suspect's failure to appear at a hearing yesterday.

Regional Trial Court Branch 58 Judge Gabriel Ingles will also issue a warrant of arrest for Orlando Sagnoy, who earlier posted bail.

Sagnoy is facing charges of illegal possession of firearms and attempted murder for the ambush on Zamoras, who was showered with bullets while driving his car along Gorordo Ave. last June.

Yesterday was supposed to be the arraignment of Sagnoy and two other accused - Jerome Noel and Roberto Tercero. But the arraignment was moved to September 14.   Aside from Sagnoy's no-show at the court yesterday, Tercero has yet to be assigned a lawyer from the Public Attorney's Office.

As for Noel, the court still has to resolve his motion to quash information filed by his lawyer, Rodolfo Valmoria, Jr.

The prosecution is still being given 10 days to comment on Noel's motion to quash. This motion will be heard on September 2.

Meanwhile, the prosecution may ask the court to issue a subpoena to the arresting officers, especially since Noel, through Valmoria, questioned the validity of his arrest.

Valmoria insists that the arrest of Noel, tagged as the mastermind in the failed attempt to Zamoras, is illegal.   Noel was arrested without a warrant, as the police cited it was a "hot pursuit operation." But according to Valmoria, the arrest could not be considered as such, because Noel was arrested based only on the confession of Tercero.

"The police had no probable cause to arrest Noel," said Valmoria.

However, Judge Ingles cited a previous Supreme Court decision which stated that there is probable cause for the police to arrest a suspect based on the testimony of another suspect.

Aside from his two cases at the sala of Ingles, Noel is also facing another case in relation to his arrest. Since the police claimed that they seized some marijuana from Noel, a case for violation of the Dangerous Drugs Act was also filed against him, now in the sala of Branch 15 Judge Samuel Malazarte. (THE FREEMAN)