Figueroa and his co-accused, police officer Diosdado Gabuay, July Fabilane, Jovencio Matarum and Romeo Bita, are facing charges of attempted murder, use of an unlicensed firearm and violation of the Commission of Elections-imposed gun ban filed by a certain Samuel Lim for a shooting incident in the island town of Zumarraga during the 2001 elections.
At the time of the incident, the mayoralty race in Zumarraga town was hotly contested, with Figueroas wife, Neliptha, running against then incumbent mayor Casilda Lim. Figueroa won in the elections.
In junking Figueroas motion, the DOJ took into consideration the basic issues raised in the motion, deciding that there was no compelling ground to grant the appeal.
The Supreme Court has approved Lims request to transfer the case to Manila.