RTC upholds junking of John-John's case

CEBU - The Regional Trial Court has junked the motion for reconsideration filed by the Department of Justice on the earlier dismissal of the case against former Cebu vice governor John Gregory “John-John” Osmeña involving the alleged trafficking of the P6 billion illegal drug precursor in 2004.

In an order he issued last December 22, RTC Branch 21 judge Eric Menchavez ruled that he found no cogent reason to reconsider his earlier dismissal of the case for lack of evidence to prove allegations that Osmeña coddled the people behind the illegal drug importation.

Menchavez said all the issues raised by the DOJ in its motion for reconsideration were already substantially discussed in his previous order, adding the arguments raised by the DOJ were just reiteration of what they have already alleged in their memorandum which the court has aptly considered in resolving the case.

Moreover, the court said the motion for reconsideration did not comply with the requirement laid down under Sections 3, 4 and 5 of Rule 15 and Section 2 of Rule 37 of the Revised Rules of Court.

The court dismissed the case against Osmeña in November citing the failure of the prosecution to establish evidence to link the former vice governor to drug trafficking suspects Mike Cummings and Dirk Hultz.

Osmeña was accused of involvement in the smuggling of the 1,500 kilograms of pseudoephedrine, a shabu precursor, in 2004 by allegedly coddling the people behind the illegal activity using his influence as government official.

On December 9, 2008, the Department of Justice filed a motion for reconsideration claiming that the court failed to consider some of their evidences. — Fred P. Languido/WAB   (THE FREEMAN)