February 19, 2020 | 3:53pm
MANILA, Philippines — The lawyers of former Ozamiz City Vice Mayor Nova Princess Parojinog are moving for the dismissal of the illegal drug and possession of firearms cases halfway through the trial.
Parojinog, through her lawyers, challenged the sufficiency of prosecution evidence and asked the two Quezon City courts handling the cases against her to be dismissed.
Her lawyers filed a demurrer to evidence, which, when granted, paves the way for the dismissal of the case without the accused needing to present counter-evidence.
Parojinog is charged with illegal possession of firearms before QC Regional Trial Court Branch 95, while an illegal possession of drug case before Branch 228.
In both pleas, her lawyers said that her case should be dismissed “not because of any failure on the part of the prosecution to present its case, but rather due to the testimonies and credibility of the police witnesses being inherently weak.”
They pointed out that Police chief inspector Berlito De Guzman, arresting officer, was unsure whether the accused owned the seized M16 rifle in the raid.
“The uncertainty expressed by PCI De Guzman in identifying the person who owned or was in possession of the subject firearm raised serious doubt on the veracity of the crime charged against the accused as alleged in the Information of this case, and only confirms that the evidence of the prosecution is weak and cannot satisfy the quantum of evidence required for conviction, i.e., proof beyond reasonable doubt,” it added.
They also pointed out that the chain custody in marking the drugs recovered in the raid was broken, and there was no observance of the proper marking of evidence during the raid.
“The truth of the matter is that the police witnesses are simply incapable of proving the charges filed against the accused because their version of the events of the implementation of the search warrant in the accused’s house reeks of a cover-up and set-up rolled into one, and is replete with utter falsities–all of which have been repeatedly pointed out by the accused in this demurrer,” the motions read.
Opposition to transfer to BJMP facility
Parojinog’s lawyers also opposed the state prosecutors’ motions to transfer detention of the accused to a facility at the Bureau of Jail Management and Penology in Bicutan, Taguig from the police headquarters.
Parojinog is currently detained at the Philippine National Police Custodial Center in Camp Crame.
State prosecutors said Parojinog’s continued detention at the police headquarters is “burdensome, costly and inefficient” for the PNP Headquarters Support Service since custody and security are not the mandate of the agency.
The lawyers, however, denied that there is special treatment at the police headquarters. They also noted that the PNP provides detention for other accused who have ongoing cases in court, such as Sen. Leila de Lima.
Parojinog was arrested in the July 2017 bloody raid in their residence, where her father, then-Ozamiz City Mayor Reynaldo Sr., her mother Susan, brother Octavio, sister Mona and other associates were killed.
President Rodrigo Duterte earlier identified the slain Ozamiz City mayor as one of the public officials linked to the illegal drug trade.
