Fiscals stand by ruling: Charge Santos, Griffiths

CEBU, Philippines - The Provincial Prosecutor’s Office stood by its decision to charge controversial couple Bella Ruby Santos and British National Ian Charles Griffiths in relation to the kidnapping and killing of six-year-old Ellah Joy Pique.

In a joint resolution approved by Acting Provincial Prosecutor Joseph Berciles, prosecutors Anabelle Robles, Jose Edwin Renegado and Maria Luisa Ong denied the motion for reconsideration on their ruling to charge Santos and Griffiths with kidnapping with homicide in court. They said the motion lacked merit.

The panel said the motion for reconsideration contained no new argument or evidence to disturb their earlier ruling.

“The arguments set forth in the instant Joint Verified Motion contain no new and substantial matters which would merit a reconsideration of their resolution. The issues raised have been exhaustively discussed, and taken into consideration by the panel,” the joint resolution reads.

The panel also said that the motion for reconsideration filed by Santos and Griffiths through their lawyer Rameses Villagonzalo was “dismissible for violating basic rules of procedures” after Villagonzalo failed to furnish the counsel of Renante Pique, the father of Ellah Joy, a copy of the motion for reconsideration.

Villagonzalo argued earlier that Griffiths was deprived of due process because he was not validly subpoenaed in his residence in the United Kingdom during investigation. The panel said they sent the subpoena for Griffith to Santos’ house in Barangay Inayagan, Naga City where Griffith stayed from February 3 to 9, 2011 when he was in the Philippines.

Villagonzalo also questioned the credibility of the witnesses against his client, but the prosecutors said the issue on the credibility of witnesses, as well as the results of the DNA examination, are best presented in a full blown trial in court.

Speaking for the Criminal Investigation and Detective Group (CIDG), the agency that investigated the case, lawyer Inocencio dela Cerna said the denial of the motion for reconsideration is the start of the will of justice. He said he will urge the provincial prosecutor’s office to immediately file before the Regional Trial Court the information against Santos and Griffiths.

He also called as “moot and academic” and a “desperate move” the supplemental motion for reconsideration that Villagonzalo filed yesterday. The supplemental motion argued that Griffiths is not muscular, contrary to the description given by the authorities’ witnesses.

In an interview with The Freeman, Renante said he is very happy with the decision of the prosecutor’s office.

“Sobra kalipay tungod kay dugay-dugay nako nagpaabot ani nga result ug anam-anam na nakong nakab-ot ang hustisya sa akong pinagga nga anak,” Pique said.

In a related development, the prosecution panel also affirmed their decision to deny the perjury complaint Santos filed against SPO2 Willard Selibio and PO3 Angelito Yaun and private witnesses Richard Ian Bansuan and Ligaya Escultos for the alleged erroneous filing of a search warrant used to search her house and vehicle.

Meanwhile, Senior Supt. Patrocinio Comendador, head of Task Force Ellah Joy, confirmed they are monitoring Santos’ whereabouts, but clarified they do not intend to “harass” her impending vacation.

“The PNP does not intend to harass the ‘vacation’ of Bella Ruby Santos but we are only monitoring and making sure that she is just in our reach,” Comendador said.

Santos said earlier she will spend time with her family in Boracay or Palawan, but Comendador said intelligence reports indicate she has not gone to these areas yet.

Santos also said earlier that she will not resist a warrant of arrest and will be in court when a trial ensues. However, the PNP seems not too confident about her words.

“The act of selling her properties, the house and lot in Barangay Inayagan, Naga was a manifestation that Bella Ruby would possibly elude arrest once the warrant is released,” Comendador said. Santos reportedly operates other businesses in Metro Cebu.

Comendador said the PNP appreciates the decision of the prosecutor’s office. The task force will reportedly reconvene next week. “At least it is heading to the right direction,” he said.

The body of Ellah Joy was found inside a sack thrown down a roadside ravine on February 8, 2011. Witnesses said a man and a woman on board a van had lured the child to their vehicle the day before.  (FREEMAN)