CEBU, Philippines - The camp of Jeffrey Aquino, one of the respondents in the murder case in the killing of an alleged shoplifter, Mario Alfie Ducayag, is set to file a motion for reconsideration.
Lawyer Salvador Solima told the media yesterday that they will be asking Prosecutor II Anna Lou Cavada to reconsider her resolution which they only received yesterday.
“We will be filing a motion for reconsideration within this week or this week. If our motion will be denied then we will elevate the matter to the Department of Justice (DOJ),†he said.
Aside from Aquino, other named respondents were Mauricio Doblados, 30, of Gil Tudtud St., Mabolo, and Melvin Boyles of St. Luke St., Don Bosco Village, Barangay Punta Princesa, all in Cebu City.
Last Wednesday, the prosecutor’s office released the resolution recommending the filing of murder case against the respondents after finding probable cause which was approved by Cebu City Prosecutor Nicolas Sellon.
“The recommendation to charge the three respondents in court for murder is well-taken as the same is supported by the facts and evidence presented,†Sellon said.
However, the recommendation of Cavada for the filing of obstruction of justice against Doblados was disapproved by Sellon.
The case stemmed from a complaint filed against the respondents for allegedly mauling to death of Ducayag, 23, of Tuyan, Naga City.
Ducayag was accused of shoplifting a pair of sandals on April 12, 2013 and was apprehended by security personnel who took him to the investigation room at 1:55 p.m. as reflected in the closed-circuit television (CCTV).
An hour after he was brought to the investigation room, Ducayag was then unconscious and no longer breathing when checked by the responding team of the Emergency Response Unit Foundation (ERUF).
Ducayag then brought to the Cebu City Medical Center (CCMC) but was declared dead on arrival by the attending physician at 3:30 p.m.
Aquino , 31, of Sambag II, Cebu City, claimed being innocent instead pointed Doblados as responsible for the mauling of the victim leading to his death.
He said his only participation was when he was ordered to handcuff the latter when the cashier from counter 7 and check-out personnel insisted that the slippers were not paid.
Doblados and Boyles also questioned the findings of the NBI alleging that the victim stole the item.
The two likewise denied the allegation and pointed Aquino as the one who mauled the victim and not them.
In her 11-page joint resolution, Cavada found sufficient evidence to indict respondents for murder.
Marie Shantylle, the sister and Fe Soledad, the mother of the victim said they were happy of the development of the case though, it was not a 100 percent but still they gradually acquired justice for Mario Alfie.
They were hoping that the murder case will be elevated to the court.
NBI Regional Director Antonio Pagatpat also expressed gratitude to the prosecutor’s office for their early released of the resolution of the case adding that it is another step towards achieving justice.— (FREEMAN)