Failed robbery suspect files demurrer

CEBU, Philippines - One of the accused in the botched robbery of a roving bank teller at Fuente Osmeña three years ago has filed a demurrer to evidence before the court.

Rolien Castro, through lawyer Rameses Villagonzalo, filed on January 29, 2015 a motion for demurrer to evidence seeking for the dismissal of the case filed against him for robbery with homicide.

A demurrer to evidence is filed by an accused seeking for an acquittal on the ground that the prosecution has failed to present sufficient evidence to prove his guilt.

Castro was charged along with couple Junjun Cabando and Merlyn Lagitao.

“Wherefore, premises considered and in the highest interest of justice, accused Castro most respectfully prays of this Honorable Court to grant herein demurrer to evidence and to dismiss this case as against him. Castro further prays that he be declared 100 percent innocent, that he has nothing to do with the robbery subject in this case,” the motion reads.

Villagonzalo said during the pretrial hearing of the case, the state admitted and stipulated that their records do not reflect the name of Castro.

He added no one in the prosecution witnesses pinpointed Castro as having participated in the crime on September 5, 2011 that killed two security guards and the wounding of the bank teller and two policemen.

Castro was arrested on July 16, 2012.

Cabando and Laguitao entered a guilty plea on November 5, 2014 during their re-arraignment. Through lawyer Lail Rojo, Cabando and Laguitao filed a motion for a plea bargain before the court.

In their motion, the couple intends to withdraw their earlier plea of not guilty and enter a new plea of guilty to the crime charged.

Rojo said the motion was filed in good faith without any dilatory motive.

The promulgation of the case against Cabando and Lagitao is set for March 25, 2015.  (FREEMAN)