MCTC dismisses perjury case vs Salud

CEBU, Philippines - For lack of  jurisdiction, the Municipal Circuit Trial Court in Consolacion, Cebu dismissed the perjury case filed against boxing promoter  Rex “Wakee” Salud.

Judge Rogelio Lucmayon said cases involving perjury must be filed before the Regional Trial Court and not before the MCTC.

“This court is of the considered view, pursuant to Article 268 of the Election Laws, that the jurisdiction of the instant case falls under the exclusive  jurisdiction of the Regional Trial Court and not with the Municipal Trial Court. This is the considered view of this court which view is also shared and confirmed by Director (Temie) Lambino of the Comelec  Regional Office,” Lucmayon said in his order dismissing the case.

An exception is when the violation is on the “failure to register or failure to vote, which shall be under the jurisdiction of  the Metropolitan or Municipal Trial Court.”

The Cebu Provincial Prosecutor’s Office elevated the perjury case before the MCTC Consolacion-Cordova in Consolacion against Salud after finding probable cause.

Lucmayon  had issued an order setting yesterday, April 24, as the scheduled arraignment  and pre-trial of Salud.

 However, upon evaluation of the case, Lucmayon found out he lacked jurisdiction to hear the case.

“Considering that this court has no jurisdiction over the instant case, it would be an exercise in futility to go on with the arraignment of the herein accused and pre-trial of this case,” stated his order.

“The order, therefore, setting this case on April 24,  is, hereby recalled and set aside,” it further reads. The order, though, does not mean it cannot be re-filed, this time at the RTC.

Salud was charged with perjury for allegedly writing false information in his second application for transfer of registration record due to change of residence.

He allegedly falsely claimed a period of residence of one year and 11 months in Cogon, Cordova, Cebu as of October 31, 2012, when he swore over the contents of his application for registration before the office of the election officer in Cordova.

Lawyer Fillmore Gomos, Salud’s legal counsel, told The FREEMAN that the second dismissal of the case clearly shows that the complaints filed against his client were baseless and were only meant to derail his candidacy for mayor in Cordova.

Salud transferred residence from Cebu City to Cordova  in 2013 but his application to transfer his registration was denied.  (FREEMAN)