Court junks plea to set aside Daza son-in-law's arraignment

MANILA, Philippines - The court has junked a bid to set aside the arraignment of former Bulacan provincial board member Romeo Allan Robes, who is accused of killing his mother-in-law’s former boyfriend.

Noel Orate Sr. was the former boyfriend of ex-lawmaker Nanette Castelo Daza. Robes, Daza’s son-in-law, is facing charges for the shooting of Orate in the Daza residence in February.

Judge Luis Zenon Maceren of the Regional Trial Court Branch 218 said the court is the “best and sole judge on what to do” with the homicide case against Robes.

“The determination of the case is within its exclusive jurisdiction and competence of this court and proceeded with the scheduled arraignment on April 23,” the court said in an order.

Robes’ camp is claiming it was an act of self-defense, accusing Orate of holding the Daza family hostage on the night of the killing.

Orate’s children wanted Robes charged with murder instead of homicide, and filed a petition for review before Justice Secretary Leila de Lima.

This prompted private prosecutor Eduardo Bringas to ask the court to set aside Robes’ arraignment while their appeal is being pending.

Robes, who is out on bail, had pleaded not guilty during his arraignment for homicide on April 23.

The court said neither the state or the complainants were denied due process. Maceren said the case was subjected to an inquest and then a reinvestigation as requested by the victim’s family.

“Although the fiscal retains the direction and control of the prosecution of the criminal cases even while the case is already in court, he cannot impose his opinion on the trial court,” it said.

The court set the continuation of the proceedings with a pre-trial on Aug. 7.