CEBU, Philippines - The supposed hearing of the motion to quash information filed by the alleged mastermind in the ambush of the marketing manager of Taheiyo Cement was reset due to the problem on subpoena.
Regional Trial Court judge Gabriel T. Ingles reset the hearing of Jerome Noel’s motion to quash the information on illegal possession of firearms on September 14 and for the case of attempted murder on September 16.
Ingles said that the prosecution had failed to specify where the subpoenas will be sent. He also added that the defense is yet to submit a comment to the reply of the prosecution with regards to the motion to quash information.
Attorney Braulio Padilla of the prosecution admitted he failed to specify where to send the subpoena that’s why the arresting officer failed to appear in court because of the absence of subpoena.
“Now, I will follow-up the issuance of subpoena to the arresting officer so that they can come on September 14 for the motion to quash information for the case of illegal possession of firearms,” Padilla said.
He clarified there was just a “miscommunication” in the issuance of subpoena to the arresting officers.
On the other hand, Padilla is set to present the arresting officer to prove the arrest was legal.
Earlier, Rodulfo Valmoria, Jr., of the defense claimed the arrest of Noel was illegal. He said they will move for the suppression and exclusion of the evidence gathered from what they stressed as an unlawful and warrantless search.
Noel asked the court that the entry of appearance be noticed, that the information in the case be quashed, and that the evidence obtained “by virtue of the unlawful warrantless search” be suppressed.
Noel was arrested in relation to the ambush against Nestor Zamoras last two months. Zamoras made a turn for the Ayala Access Road on his way to lunch when two men on motorcycle fired shots at his vehicle. The bullets from the Ingram machine pistol of the suspect however failed to penetrate as Zamoras’ car was bullet-proof.
The gunshots were heard from the nearby headquarters of the Cebu City Police so members of the Special Weapons and Tactics were able to respond immediately. The chase led to the arrest of one of the suspects, who tagged Noel as the alleged mastermind. (THE FREEMAN)