Pique case: Santos challenges elevation of case

CEBU, Philippines - Bella Ruby Santos and her boyfriend Ian Charles Griffiths, both respondents for a kidnapping with homicide case, asked the Provincial Prosecutor’s Office to reconsider its ruling in recommending the filing of charges against them in court.

Santos and Griffiths, through their lawyer Rameses Villagonzalo, filed a motion for reconsideration yesterday to the resolution.

In the 18-page motion for reconsideration filed by Santos and Griffiths they cited three grounds to defer the ruling of the three-man panel composed of prosecutors Jose Edwin Renegado, Anabelle Robles and Maria Luisa Ong.

The grounds were that Griffiths was deprived of due process as he was not validly subpoenaed in his UK residence, the doubtful credibility of witnesses and the failure of the police to present the DNA results amounting to willful suppression of evidence.

Villagonzalo said they are asking to reconsider the ruling of the panel. If the prosecutors will deny the motion they plan to file a petition to review to the Department of Justice national office regarding the ruling.

He added Santos failed to accompany him in filing as promised because the latter was not feeling well and was in Moalboal town. 

Criminal Investigation and Detective Group lawyer Inocencio dela Cerna said the grounds cited by the defense were all rehashed from the counter-affidavits of the respondents.

“There were no new grounds cited by the defense, it’s a kind of rehash of affidavits of Santos and with this we will file an opposition,” Dela Cerna said.

He added based on the declaration of Santos that she sold her controversial Pajero and her house in Barangay Inayagan, Naga City, she may go into hiding.

“There is a possibility that Santos will hide as she sold her vehicle and house and all we have to do is to monitor the whereabouts of Santos and to account on her word of not hiding,” Dela Cerna said.

According to reports the house of Santos was bought by a businessman who paid P6 million.

Regarding the DNA result, Dela Cerna said it is not necessary as their witnesses are enough to convict the respondents. The defense has repeatedly questioned why the DNA results were not presented and even asked Camp Crame to furnish them the results.

Meanwhile, Santos now has six lawyers to handle her case. The lawyers who had been handling her case, Villagonzalo and Ana Luz Cristal, were joined by Lyndon Macaren, Ronel Ubod, Julius Ceasar Entise and Roberto Rublico. Villagonzalo said Santos hired more lawyers to hasten the case.

“Team Bella now has a battery of defense lawyers…five new Cebu lawyers. Pero kung battery sila the prosecution Team Ellah only needs a nuclear reactor kind of lawyer,” Dela Cerna said.

The three-man panel found probable cause to indict the respondents with kidnapping with homicide in relation to the death of six-year-old Ellah Joy Pique last February.

They ruled that there was a positive identification by the complainant’s witnesses that cannot be doubted.

The panel added that while none of the witnesses presented saw the actual killing of Pique, it cannot be denied that Santos and Griffiths were the last persons to be seen with the victim before she died.   - (THE FREEMAN)