Jade Castro, 3 others freed after court finds arrest 'invalid'
MANILA, Philippines — Film director Jade Castro and his three friends who were previously arrested after being accused of burning a modern jeepney in Quezon province were released from the Catanauan Bureau of Jail Management and Penology facility on Monday evening.
In an interview with Radyo630, Blanchie Baticulon, one of Castro’s legal counsels, said that the Catanauan Regional Trial Court (RTC) Branch 96 has granted the motion to quash filed by Castro’s camp, as the court found their arrest invalid.
“We filed a motion to quash on the ground that the court doesn’t acquire jurisdiction over the person of the accused,” Baticulon said.
“Hindi po nagkaroon ng valid arrest that’s why did not acquire a jurisdiction,” she added.
(There was no valid arrest, that's why jurisdiction was not acquired).
A motion to quash is a legal motion filed before the court aimed at declaring a particular indictment, information or charge against the accused invalid.
This motion can be filed by an accused before entering a plea.
According to Rule 117 of the Revised Rule of Criminal Procedure, an accused may move to quash a complaint or information on the following grounds:
- That the facts charged do not constitute an offense.
- That the court trying the case has no jurisdiction over the offense charged.
- That the court trying the case has no jurisdiction over the person of the accused.
- That the officer who filed the information had no authority to do so.
- That it does not conform substantially to the prescribed form.
- That more than one offense is charged except when a single punishment for various offenses is prescribed by law.
- That the criminal action or liability has been extinguished.
- That it contains averments which, if true, would constitute a legal excuse or justification.
- That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.
On February 16, prosecutors recommended the filing of charges of arson against Castro and his friends, who were accused of allegedly burning a modern jeepney in Catanauan on January 31.
Castro and his friends were arrested on February 1 without an arrest warrant after being pointed out by alleged witnesses of the incident. The police insisted that the warrantless arrest was lawful as it was a form of a “hot pursuit”.
RELATED: Warrantless arrest on Jade Castro ‘baseless’ — FLAG chair
However, on February 6, a report by ABS-CBN news showed CCTV footage that the film director and his friends were in the town of Mulanay when the burning incident happened.
On February 19, during a House of Representatives probe, Catanauan police officers acknowledged that they failed to recover any physical evidence from the crime scene linking Castro and three others to the alleged arson incident.
Baticulon reported that the court, in dismissing the case, stated that the accused individuals did not exhibit suspicious behavior at the time of the arrest.
“Hindi rin po najustify ng police officers na may personal knowledge po sila regarding doon sa pag-aresto. Kasi nga po, 'yung mga testigo ay kulang din po 'yung information that they input,” she said in an interview with Radyo630.
(The police officers also could not justify that they had personal knowledge regarding the arrest. This is because the witnesses also lacked sufficient information regarding the matter).
In a separate statement, another lawyer of Castro, Free Legal Assistance Group chairman Chel Diokno, said that their release is an “answered prayer”.
Answered Prayer ???? pic.twitter.com/UVw4WdEskX
— Chel Diokno (@ChelDiokno) March 11, 2024
“Just learned from Jasper (Direk Jade Castro’s brother) that Jade, Ernesto, Noel and Dominic are being released tonight. Overjoyed that they are finally regaining their freedom!” Diokno said in a post on X (formerly Twitter).
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