Defense won't recover firearms

CEBU, Philippines - The camp of an alleged mastermind in the attempt to kill the manager of the Taheiyo Cement located in San Fernando town will withdraw their motion to recover the firearms that were believed to have been used in the crime.

Lawyer Rodulfo Valmoria, counsel of Jerome Noel, told reporters they will withdraw the motion to strengthen their appeal for certiorari before the Court of Appeals.

He said Noel wanted the information in the case be quashed and that the evidence obtained “by virtue of the unlawful warrantless search” be suppressed. This is in relation to the .9mm firearms that were seized by police from Noel’s vehicle.

During the pre-trial of Noel in the illegal possession of firearms case, he denied that he has no right to carry and possess firearms.

Valmoria said the prosecution should prove their claim that Noel has no right to carry and possess firearms.

Meanwhile, Rolando Tercero, the alleged driver of the gate away vehicle, testified in court that Noel hired them to kill Taheiyo manager Nestor Zamoras. He said he know Noel because he stayed in the place of Noel in Banawa.

Tercero said Noel promised them P15,000 as fee and were given P5,000 as down payment.

He said during their plan to kill Zamoras, they waited for the latter at the Insular Life near Ayala and when they saw him on board his vehicle, they immediately followed his vehicle.

When they got near the vehicle of the victim, Tercero said his companion, Orlando Sagnoy fired his gun towards the vehicle of Zamoras but failed to hit him because the vehicle was bullet proof.

He said Zamoras fired back at them.

Lawyer Braulio Padilla of the prosecution said the testimony of Tercero was for the motion they filed to discharge accused Tercero to become a state witness.

He said Tercero will be cross examined by the defense in the scheduled next hearing.

Padilla explained that if the motion to discharge Tercero will be dismissed by the court, the latter’s testimony will be disregarded by the court. But if it would be granted, then Tercero will become a state witness.

Regional Trial Court Judge Gabriel Ingles said that if Tercero’s motion is denied, his testimony will be used against him to prove his guilt. (FREEMAN)