CLB to challenge dismissal of porn plaint vs. Santos
CEBU, Philippines - While the lawyers of Bella Ruby Santos lauded the dismissal by Naga City Prosecutor Napoleon Alburo of the pornography case against her, the Children’s Legal Bureau is planning to file a motion for reconsideration.
“We appreciate because he was not swayed by the baseless opinion of the public,” Santos’ lawyer Julius Entise said.
Lawyer Rameses Villagonzalo likewise said the dismissal of the pornography complaint against their client gives impact to the main case against her.
Santos and her boyfriend Ian Charles Griffiths are accused of abducting and killing six-year-old Ellah Joy Pique who was found dead last February.
Villagonzalo also said they will also file a motion for a marathon hearing to be conducted.
However, CLB lawyer Jo-ann Pabriaga said they will file a motion for reconsideration of the dismissal of the complaint.
Alburo said that the compact disc covers with pictures of naked minors seized from the house of Santos was inadmissible as evidence because the search warrant was applied for the kidnapping with homicide and not for anti-pornography.
He said even if he will elevate the case to the court it will probably dismissed as the law cited by the CLB was Section 4, Paragraph 8 of Republic Act 9775, otherwise known as the Anti-Child Pornography Act, or the distribution of pornographic materials was incorrect because Santos did not distribute it.
The CDs were recovered by police from Santos’ house in Barangay Inayagan, Naga City, last March 4. — (FREEMAN)
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