MANILA, Philippines — A possible transfer of jurisdiction impairing the murder case against the two accused Caloocan cops over the killing of Carl Arnaiz and Kulot De Guzman has no effect on the merits of the case, Justice Secretary Menardo Guevarra said.
On Tuesday’s hearing, Caloocan Judge Georgina Hidalgo warned that the law does not allow the withdrawal of charges midtrial after it was found that Arnaiz was killed within the territorial jurisdiction of Navotas and not Caloocan.
Hidalgo, irate with the mix up on the sensitive case, said that a legal recourse could be the dropping of the murder charges against the accused cops “without prejudice.”
Guevarra, meanwhile, assured that in the event of the case’s dismissal due to the technicality on court jurisdiction, it would be “without prejudice to the refilling of the case before the proper prosecutor’s office.”
“It’s just a territorial jurisdiction issue that does not affect the merits of the case,” he added in a text message to reporters. The new justice chief, however, said that he would “look into the matter more closely.”
Government prosecutors pursuing the case filed a motion to withdraw the double murder charge against Police Officers 1 Jeffrey Perez and Ricky Arquilita. This was after a witness testified that the murder of the two teenagers happened along C3 Road Dalagang Bukid and Tanigue streets, which falls under the territorial jurisdiction of Navotas and not Caloocan where the case is currently being tried.
The prosecutors, however, did not withdraw the torture and planting of evidence charges from the Caloocan court, asserting that the two crimes happened within its jurisdiction.
Perez and Arquilita are currently detained at the Bureau of Jail Management and Penology facility in Valenzuela City.
READ: DOJ files murder, torture raps vs cops linked to Carl, Kulot slay
Arnaiz and De Guzman went missing on the night of August 17 last year. Arnaiz’s body was found 11 days later at a funeral home in Caloocan City. The 19-year-old former University of the Philippines student reportedly robbed a taxi driver and fired back at responding policemen, prompting the authorities to shoot at him.
Almost a month later, De Guzman's parents were informed that their son’s body was found floating on a creek in Gapan, Nueva Ecija.
Their killings were believed to be carried out under the government's war on drugs.