MANILA, Philippines - One of the alleged masterminds in the killing of model and television talent Julie Ann Rodelas asked a Quezon City court yesterday to drop the murder charges filed against him.
In an urgent omnibus motion filed before the Regional Trial Court Branch 223, Fernando Quiambao Jr. – through his counsel Frederick Angel – asked Judge Caridad Walse-Lutero to quash the charges against him as he was unlawfully arrested. The judge gave prosecutors 10 days to file their comments.
Citing the Revised Rules of Criminal Procedure, Angel said when Quiambao was arrested without a warrant on Nov. 10, “had not committed, actually committed or attempted to commit the charged felony in the presence of the arresting officer,” contrary to provisions on warrantless arrests.
The police officers who arrested his client merely relied on information given by third persons, Angel said.
Earlier, police said Quiambao and his girlfriend, model Althea Altamirano, were arrested in Pampanga during a hot pursuit operation.
Police officers were able to close in on Quiambao using a receipt recovered from the body of the victim. A surveillance camera video from a fastfood restaurant in Manila showed that it was Quiambao who was buying food during the time that was printed on the receipt.
But in the motion, Angel said that the exception against warrantless arrest will not apply to the situation because “at the time the alleged killing happened, police authorities have no clues as to the identities of the possible culprits.”
“In fact, police authorities still had to rely on the supposed receipt issued by a popular fast food joint and verify the ownership of the vehicle allegedly used in the incident in order to establish their ‘theory’ days after the crime was committed,” he said.
Police officers said they have witnesses who gave them the plate number of the sport utility vehicle used in the abduction and killing of Rodelas. The vehicle later turned out to be registered to Quiambao’s mother. Angel asked the court to order the release of Quiambao and the vehicle.
Rodelas was abducted while she was with Altamirano near the World Trade Center in Pasay City on Nov. 6. Hours later, she was shot dead and pushed from a sport utility vehicle in Cubao, Quezon City.
Altamirano admitted that she agreed to her boyfriend’s plan to teach Rodelas “a lesson” for spreading rumors about her. She insisted, however, that she did not expect that Rodelas would be killed.
Quiambao and Altamirano refused to enter a plea during their arraignment last Monday, prompting the court to enter a “not guilty” plea for them.
Another suspect, Jaymar Waradje, pleaded not guilty to the murder charges. He earlier admitted his involvement in the abduction but not in the killing of Rodelas. He said he is willing to be a state witness.