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Invoking a memorandum issued by Justice Secretary Raul Gonzalez, the lawyer of alleged Pasig City shabu “tiangge” operator Amin Imam Boratong has asked a local court to defer the proceedings of the murder case filed by the Department of Justice (DOJ) against his client and three others for the killing of a television informant two years ago.

Raymond Fortun asked Pasig City Regional Trial Court (RTC) Branch 161 Judge Nicanor Manalo to hold in abeyance the issuance of an arrest warrant against Boratong, his wife Memie, Police Officer 2 Ramil Along and Nashir Labay.

Fortun said if Manalo has already issued a warrant, he asked if it could be recalled or lifted in favor of his clients.

Last May 8, Gonzalez ordered State Prosecutor Geronimo Sy to suspend the filing of murder charges against Boratong and his co-accused in the killing of German Colisao, an informant of television network GMA 7.

Gonzalez said his office has yet to rule on the verified petition for review ad cautelam filed by Fortun before the DOJ.

Sy, however, had filed the charges on the same day Gonzalez issued the memorandum. Chief State Prosecutor Jovencito Zuño concurred with Sy’s decision.

In his omnibus motion before Manalo, Fortun argued that Gonzalez’s memorandum and the pendency of the review petition are valid grounds to defer the trial and hold in abeyance the issuance of an arrest warrant or recall it if it had been issued.

“In effect, he (Boratong) would be denied of his right to due process in violation of his fundamental rights as guaranteed under the Constitution and simply because of premature proceedings,” Fortun said in his five-page motion.

He added that prudence and wisdom dictate that the lower court defer the trial until Gonzalez resolves the petition questioning Sy’s resolution calling for murder charges to be filed against Boratong and three others. – Non Alquitran

AMIN IMAM BORATONG

BORATONG

CHIEF STATE PROSECUTOR JOVENCITO ZU

DEPARTMENT OF JUSTICE

FORTUN

GERMAN COLISAO

GONZALEZ

SY

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