CEBU, Philippines - Despite having received a copy of the resolution from the Office of the Ombudsman for the Military and Other Law Enforcement Offices downgrading to homicide the murder case against SPO1 Adonis Dumpit, the Ombudsman prosecutors will not work for the formal downgrading of the case yet unless there is an amended information.
Ombudsman prosecutor Gaudioso Melendez, one of the anti-graft office prosecutors assigned to the case said no amended information was attached to the resolution sent to them from the Moleo.
“Dili ma formally downgrade ang kaso unless there is an amended information,” Melendez said.
According to Melendez, they are already inquiring from the Moleo about the amended information.
Melendez explained that it is not also the defense that will ask for the downgrading of the case. Under Section 14, Rule 110 of the Rules on Criminal Procedures it is the prosecution that has the duty to file the amended information.
The Moleo resolution that downgraded the murder case to homicide was already used as ground by Dumpit’s lawyer Pedro Leslie Salva in seeking for the recall of the warrant of arrest against the police officer.
Regional Trial Court Branch 6 judge Ester Veloso however denied the motion last week for being premature considering that no amended information had been filed yet.
Dumpit is currently in hiding pending the recall of his warrant of arrest for the 2004 murder of 17-year-old suspected robber Ron-Ron Go.
In fact, the ombudsman prosecutors have already asked the court to issue a show cause order against the police officials in Cebu City for failure to serve the warrant against Dumpit.
Dumpit had reportedly filed a leave of absence before the warrant for his arrest was out. — Fred P. Languido/NLQ (FREEMAN NEWS)