CEBU, Philippines - The Cebu Provincial Prosecutor’s Office has indicted the alleged killer of Argao town councilor Joaquin Banosong.
Assistant provincial prosecutor Ferdinand Collantes has elevated before the Regional Trial Court the case for murder against Reynaldo Destacamento, 32, resident of Barangay San Isidro, Talisay City.
Collantes recommended no bail for Destacamento’s temporary liberty. The prosecutor’s office resolved the complaint based on the evidence presented by the police because the accused failed to submit his counter-affidavit.
“After the thorough evaluation of the evidence at hand, undersigned finds that there is sufficient ground to engender a well-founded belief that the crime of murder has been committed,†Collantes’ resolution reads.
Collantes added that the resolution was based on the “unrebutted evidence†submitted by the apprehending police.
Banosong, 64, then an outgoing town councilor and resident of Barangay Talaga, was shot dead at the town’s public market last month. He was about to board his Silver Hyundai Starex van when the lone gunman shot him in the head.
Banosong was rushed to the hospital but was declared dead on arrival. Three days after the incident, Destacamento was arrested by the joint operatives of the Regional Intelligence Division, Provincial Intelligence Branch, and Argao Police in Cebu City.
Destacamento’s arrest was based on the positive identification of the witness.
Destacamento’s counsel Rex Fernandez filed a motion to dismiss the complaint and to issue a writ of habeas corpus citing the arrest was illegal.
“There was a violation of the right to liberty and freedom from arbitrary arrest and detention,†the motion reads.
Fernandez said the apprehending police violated the rights of his client due to a warrantless arrest and failed to inform the reason of his arrest in a violation of Miranda Doctrine. (FREEMAN)