MANILA, Philippines - The Quezon City judge handling a criminal case against five members of the Upsilon Sigma Phi fraternity has ordered a preliminary investigation of the two attacks in the University of the Philippines (UP) campus last month.
In a three-page order issued yesterday, Regional Trial Court (RTC) Branch 80 Judge Charito Gonzales partially granted the omnibus motion filed by suspects Rannie Mercado, Rudolf Neral, Cheran Cabrito, Elias Villanueva and Sean Rodriguez.
The five, through lawyer Alex Avisado, earlier asked the court to order the conduct of a preliminary investigation on the frustrated murder and illegal possession of ammunition charges filed against them.
“The accused correctly argued that their right to a preliminary investigation is a matter of substantive right,” read the order.
“While the right is statutory rather than constitutional in its fundament, it is a component part of due process in criminal justice… To deny the accused’s claim to a preliminary investigation would be to deprive him of the full measure of his right to due process,” it added.
The charges against the suspects were filed following the inquest proceedings held after their arrest in connection with the two attacks against four members of Alpha Sigma fraternity in UP Diliman on June 18.
Aside from the charges before the RTC, they were also charged with malicious mischief and slight physical injuries before a Quezon City Metropolitan Trial Court.
They are out on bail after posting the bail amounting to over P280,000 each.
In his order, Gonzales said an inquest is an informal and summary investigation conducted for the purpose of determining whether the arrested persons should remain under custody.
“The limitations of an inquest proceeding in ferreting out the people that should be properly be held for trial is undeniable,” he said.
Sought for comment, private prosecutor Roel Pulido said they would not file a motion for reconsideration on the ruling of the judge.
“Preliminary investigation is a right granted to the accused,” he said in a text message to The STAR.
“It does not mean the inquest resolution was wrong. It only means that after they decided to hide their faces and not speak during inquest, they now, supposedly, want to say something,” he added.
Avisado earlier claimed that his clients were framed by members of the UP police who arrested them, an allegation that was denied by the authorities.