Prosecution in Osorio murder rests case

CEBU, Philippines - The prosecution panel handling the murder case of assistant city prosecutor Patrick Osorio has rested their case after presenting their last two witnesses against the two accused in the killing.

Yesterday, private prosecutor Danilo Yap presented the head of the City Intelligence Branch Chief Insp. Romeo Santander and lawyer Jonathan Talabo.

Yap said the testimony of their witnesses proved that one of the accused Lyndon Horandoy, the alleged assailant, executed an extra-judicial confession admitting to the commission of the crime.

In his testimony, Santander said on Aug. 30, 2011 his team arrested Horandoy in the mountains of Barangay Guba, Cebu City, by virtue of a warrant of arrest issued by Judge Silvestre Maamo of Regional Trial Court Branch 17.

He said Horandoy told them that he wanted legal assistance and their office called lawyer Wendell Quiban on Sept. 2, 2011 but they were referred to Talabo.

On Sept. 3, 2011, Santander said he instructed his personnel to get Horandoy from his detention cell as Talabo would like to talk to him.

In his testimony, Talabo said he assisted Horandoy in the execution and preparation of the extra-judicial confession.

When Talabo was asked by Yap to go over the affidavit if he was familiar, he answered in the affirmative.

When asked by Maamo if he recognized the accused, Talabo pointed to Horandoy who was in the court room.

In an interview, Horandoy said the affidavit of confession was prepared ahead before he signed it. He declined to comment whether or not he was forced to sign the confession.

After the testimony of the witnesses, Maamo gave the prosecution ten days to file their formal offer of exhibits.

Maamo, however, ruled that the cross-examination will be waived after defense lawyer Daryll Amante failed to appear in court despite notice.

“The absence of the defense counsel is not justified,” he said.

For the next hearing tentatively scheduled on Oct. 9, 2012 it will be the turn of the defense to present their witnesses.

Osorio was shot at the corner Maria Gochan St. and N. Bacalso Ave., Barangay Mambaling, Cebu City, last Jan. 6, 2009. – (FREEMAN)