Yongco murder case: Uphill battle in bid to reverse dismissal
A member of the prosecution panel in the murder case of lawyer Arbet Sta. Ana-Yongco admitted that it will be an uphill battle to ask the court to reverse its decision clearing two of the accused in the case.
Ramon Duyongco said that they might be filing a motion for reconsideration on the dismissal of the case against Nestor Carol and Heracleo Rallestan. Duyongco however said that the members of the panel have yet to meet to discuss their next move.
Duyongco said it will be difficult to have the ruling reversed because the double jeopardy already applies in favor of the two.
Duyongco said they still have to ask permission from the solicitor general before they could ask for reconsideration. For their motion for reconsideration to be given due course, they also have to convince the court that it committed a patent error in its ruling and that the judge committed grave abuse of discretion amounting to lack of jurisdiction.
While he admitted he has not yet read the decision, Duyongco said he suspects that judge Bienvenido Saniel Jr. failed to appreciate the testimony of state witness Eddie Ardita.
Duyongco said while it is true that the mere presence of Carol and Rallestan in the place where the crime was committed does not prove conspiracy, there was an overt act by them to commit the crime when they and alleged assailant Michel Favila Sr. left the area together.
Saniel, in a six-page order, granted the demurer to evidence of Rallestan and Carol, said that the prosecution failed to establish conspiracy among the two accused and Favila.
Saniel also ordered the immediate release of Carol and Rallestan from the Lapu-Lapu City Jail where they are detained. However, as of yesterday the two were not yet released because they are still facing charges for illegal possession of high-powered firearms before the RTC in
Duyongco also said he is confident that this dismissal will not affect their case against Favila. — Fred P. Languido/BRP
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