"Under the law, police have only 36 hours upon the commission of the crime to arrest the suspect. After that, authorities have to wait for a court-issued warrant to affect the arrest of the suspect," Chief Inspector Alejandro Yanquiling, chief of the Homicide Section of the Manila Police District (MPD), said.
Apart from charges of murder, Noli Sugay, executive assistant to the mayor on police matters, also faces two counts of attempted homicide and illegal discharge of firearms for the shooting of a jeepney driver last week.
Yanquiling said the police are now looking into Sugay’s past criminal offenses, which could have pending warrants of arrest. He said these could be used as basis for his arrest.
"We are checking unconfirmed reports that Sugay had warrants of arrest in Manila and other cities for previous crimes. If confirmed, this would be our basis for arresting him," Yanquiling said.
He said they received reports that Sugay is wanted for robbery-holdup and for an unspecified crime in 1967 and 1968. Investigators are also checking on reports that Sugay had been charged with parricide in 1986.
"There are also reports of open cases for other crimes against Sugay which we are closely monitoring now. We are also in the process of conducting a character investigation," Yanquiling added.
Last Monday, Atienza suspended Sugay for two months "to give a sense of impartiality so there would be no talk that we are influencing the investigation."
The charges against Sugay were filed in two venues last Monday — at the Department of Justice (DOJ) and at the Manila Prosecutor’s Office.
The filing of charges at the DOJ was made upon the request of the family of the victim, Aries Luriz, while MPD director Chief Superintendent Pedro Bulaong ordered his investigators to directly file the charges at the Manila Prosecutors Office.
Yanquiling clarified this was nor "forum shopping" since the charges filed at the prosecutors’ office would eventually be pulled out by the victim’s counsel William Merginio.
According to Merginio, two counts of attempted homicide were included in the charge sheet after Rosario and Alexander, mother and brother of the victim, respectively, executed affidavits that Sugay pointed his gun at them after the shooting.
The charge of illegal discharge of a firearm was also filed when Sugay allegedly fired his gun in the air before speeding off on board his white Toyota Fortuner (ZCG-783).
Sugay, accompanied by Manila City Hall legal officers Maureen Tolentino-Vila and Mayo Ramos, "surrendered" to Bulaong last Friday.
"I will answer the charges in the proper forum," he told reporters.
Sugay was allowed to leave the MPD headquarters since no formal charges were filed against him at that time.
Witnesses said the shooting followed a verbal altercation between Luriz and Sugay, whose van was being blocked by the victim’s jeepney in front of the victim’s house at the corner of Coral and Dagupan streets in Tondo.