Foolish cops ang tumira pero NPA ang pinagbintangan
Justice Secretary Raul Gonzalez has ordered the suspension of the filing of murder charges against alleged
In a one-page memorandum dated May 8, Gonzalez directed State Prosecutor Geronimo Sy to put on hold the filing of the murder information against Boratong, his wife Memie, Police Officer 2 Ramil Along and Nashir Labay pending resolution of the verified petition for review ad cautelam filed by the respondents’ lawyer before his office.
However, Sy had already filed – also last May 8 – the charges in connection with the killing of German Colisao in
Chief State Prosecutor Jovencito Zuno had approved Sy’s move. The murder case was subsequently raffled off to the Pasig City Regional Trial Court Branch 161.
To shield his clients from imminent arrest, lawyer Raymond Fortun cited Gonzalez’s memorandum in his motion to withdraw information filed before the Department of Justice (DOJ).
In his five-page motion, Fortun stressed that the petition for review mainly embanks on the contention that the allegations of government witness Samer Palao against his clients are “incredible, improbable, and unsupported by any evidence whatsoever.”
Fortun said Sy has yet to comply with Gonzalez’s directive.
“The essence of the petition for review is precipitately to avoid miscarriage of justice and to allow the prosecution agency (whether it be the Secretary of Justice or the city prosecutor) to rectify his mistakes before an accused is exposed to public trial,” Fortun said.
He noted that the motion to withdraw murder information will not create any tactical advantage on the part of any party involved in the case. – Non Alquitran
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