CEBU, Philippines - The court has given the prosecution 15 days to submit its comment on the motion filed by two top ranking Communist Party of the Philippines-New People’s Army leaders and five others for the judicial determination of probable cause on their arrest last month.
The motion was filed after couple Benito Tiamzon and his wife Wilma alleged that the pieces of evidence against them, especially the explosives, were all “plantedâ€
Through their legal counsels, couple Benito and Wilma Tiamzon, Nona “Lorraine†Castillo, Jeosi Nepa, Joel Enano, Arlene Panea and Rex Villaflor asked Regional Trial Court Judge Ruben Altubar to dismiss the criminal cases for violation of the Comprehensive Firearms and Ammunition Regulation Act, obstruction of justice and illegal possession of explosives filed against them.
Atty. Rachel Pastores told the media that the evidences against their clients were planted, while State Prosecutor Reynaldo Menchavez said they have yet to read the motion for reconsideration the accused filed.
Altubar said that after the prosecution file its comment on the motion for judicial determination of probable cause, both parties would be directed to file their respective memorandum; thereafter, the said motion will be submitted for resolution.
The Tiamzons and their companions alleged they were illegally arrested by the Armed Forces of the Philippines and the Philippine National Police personnel on March 22, 2014.
Without any apparent reason, they said, Carcar City police vehicles and at least three motorcycles blocked their way.
Thereafter, they were surrounded by several men, some in police uniforms while others were in civilian clothes but carrying high-powered firearms.
The accused said that during their apprehension, they were not committing any crime or were about to commit any crime.
Benito, his wife Wilma and their companions were arrested onboard a Starex van at the boundary of San Fernando and Aloguinsan, near Carcar City, Cebu.
They said the firearms and explosives allegedly seized from them were not theirs.
Aside from the arrest, Pastores also questioned the inquest proceeding done at the Department of Justice in Manila.
She argued the proceeding should have been made in Cebu considering that they were arrested in Cebu.
Also yesterday, several persons conducted a protest outside the Toledo City RTC and held placards calling for the release of Benito from the custody of authorities.
The rallyists also called for the continuation of the peace talk between the government and the National Democratic Front of the Philippines, where the Tiamzon couple serve as consultants. —/RHM (FREEMAN)