Murder charge filed vs. soldier in trader’s slay

A case for murder was filed yesterday against the army sergeant tagged as the killer of businessman Renerio Arrogante III despite questions from the defense counsel on the legality of his arrest.

Assistant provincial prosecutor Jose Edwin Renegado, who conducted the inquest proceeding against Sgt. Moises Ludoc, resolved to file the information of the case for murder in court after the accused, upon the advice of his counsel, opted not to avail of the preliminary investigation.

Renegado explained to Ludoc that he may sign a waiver of detention to avail of the preliminary investigation but his lawyer, Nelson Mondigo, said they intend to question the arrest of his client in court.

Because of time constraint yesterday, Renegado decided to defer the transmittal of the information of the case to the court until today. During the inquest proceeding, Mondigo questioned the legal basis of the National Bureau of Investigation in arresting the accused.

Mondigo said since the murder last March 9 there was no case filed or warrant of arrest issued against his client. However, supervising agent Jose Hermie Monsanto, who led the team that arrested Ludoc, said that the arrest was part of a hot pursuit operation.

Despite his legal questions however Mondigo did not fight it out at the prosecutor level and instead allowed that the case will be filed directly in court where he intend to question the manner of the arrest.

Judge advocate Burt Pades of the Armed Forces Central Command also appeared at the prosecutor’s office yesterday to observe the proceedings. In an interview with reporters, Pades also questioned the legal basis of the NBI for the arrest.

Pades, however, said he will not represent Ludoc in court because the case is not related to his official function as a soldier. He explained that his presence was only to gather information for his report to higher headquarters.

Ludoc, 33, assigned to the 11th Infantry Battalion based in Isabela, Negros Occidental, was arrested by a team of NBI operatives in barangay Basak, Mandaue City, last Wednesday noon.  He had just come from barangay Bateria, Daanbantayan, with his wife Fernelyn and their two kids.

As soon as the information of the case will be transmitted to the Regional Trial Court in Bogo City today, Ludoc will be detained at the city jail as his case is non-bailable.

Meanwhile, Central Command spokesman Maj. Samuel Sagon said the positive identification of Ludoc may just be a case of mistaken identity as records show Ludoc was on guard duty at the headquarters of the 11th IB when Arrogante was killed. — Fred P. Languido and Garry B. Lao/BRP