DOJ sustains case vs Esgana’s in-law

CEBU, Philippines - The Department of Justice has dismissed the petition seeking review of the prosecutor’s findings of probable cause for homicide against the two accused in the killing of a political campaigner in Santa Fe town last year.

Undersecretary Raymond Mecate junked the petition filed by Pablo Paul Escarlan because of technicality.

Mecate said the petition has not complied with the requirements under Section 12(b) of Department Circular No. 70, which provides that the Secretary of Justice may motu propio or upon motion, dismiss a petition for review if the procedure or any of the requirements has not been complied with.  

 “A perusal of the petition shows that respondent-appelant failed to attach thereto a copy of the motion to defer proceedings duly filed in the appropriate court which is violative of Section 5 of the said Department Circular,” reads the resolution.

 Escarlan also failed to attach to the petition a compact disc in violation of Section 2(a) of Department Circular No. 018 dated March 8, 2017 (Rule on Electronic Filing of Petitions for Review) which provides that all petitions for review filed shall have, in addition to its attachments, a compact disc containing a PDF file of the petition for review and its attachments.

 On August 25, 2016, the National Bureau of Investigation filed a complaint for murder against Escarlan, then mayor Jose Esgana’s brother-in-law, and Joanes Paulo Esgana, former mayor’s son, over Gilbert Delima’s death.

On December 7, 2016, Prosecutor Rustom Presas Jr. indicted Escarlan only for homicide and dismissed the murder complaint against Joanes Paulo for lack of probable cause.

Both Escarlan and the victim’s mother, Josefina, filed separate motions for reconsideration. Escarlan sought the complete dismissal of the complaint while Josefina asked that the case be upgraded to murder.

Both motions were dismissed by Prosecutor Ludivico Vistal Cutaran. A separate petition for review was filed last week by Josefina before the DOJ. (FREEMAN)