Court clears Wakee anew

CEBU, Philippines - The Municipal Trial Court in Cities  has affirmed its earlier decision clearing boxing promoter Rex “Wakee” Salud from criminal charges.

Judge Wilfredo Dagatan of MTCC Branch-3 in Mandaue City has denied the motion filed by the prosecution seeking for the modification of its resolution dated December 5, 2013 when the perjury case filed against Salud was dismissed.

“All told the complaint against the forenamed accused does not conform substantially to the prescribed form and that accused was not properly informed of the nature and cause of the accusation against him,” said Dagatan.

In filing the motion, the prosecution cited “error in jurisdiction and errors of law” as grounds.

The accused, through lawyer Filmore Gomos, filed an opposition saying that the grounds cited by the prosecution would apply only if there is a “full blown trial.”

Gomos added dismissal of the case can no longer be reconsidered for it would place accused in “double jeopardy.”

Earlier, Dagatan said that while Salud was accused of making false statement in his certificate of candidacy, the prosecution is “not also telling the truth.”

He said the prosecution said in its complaint that Salud made a false statement in front of Election Officer Arvin Maghanoy, but later they wanted to change the information that he swore before Election Officer Jovito Beltran and not Maghanoy.

Furthermore, Dagatan ruled that “in short the application for transfer of registration is not duly subscribed by an administering officer for it is no clear who administered the oath.”

It was Cordova Mayor Adelino Sitoy who filed the complaint against Salud for allegedly making a false statement in his second application for registration with regards to his residence in Cordova. (FREEMAN)