MANILA, Philippines — Government prosecutors sought the withdrawal of the double murder case filed against two policemen for the killing of teenagers Carl Angelo Arnaiz and Reynaldo “Kulot” de Guzman from a Caloocan court due to lack of jurisdiction.
In a motion filed before the Caloocan Regional Trial Court Branch 122, the Department of Justice prosecutors asked the court to withdraw the two counts of murder filed against Police Officers 1 Jefrey Perez and Ricky Arquilita.
The prosecutors said the “cold-blooded” murder of the teenagers along C3 Road near Dalagang Bukid and Tanigue streets, as alleged by witness “Joe Daniel,” falls under the territorial jurisdiction of Navotas City.
“Venue in criminal cases is an essential element of jurisdiction,“ they said, adding that the murder charges should be filed with the proper court.
The prosecution, however, is not withdrawing the charges of torture and planting of evidence from the Caloocan court.
Lawyer Dodjie Encinas, who represents the two policemen, said he would oppose the motion for being a “dilatory tactic,” although the prosecutors denied they intend to delay the proceddings.
The two former anti-narcotics operatives were ordered detained at the Bureau of Jail Management and Penology facility in Valenzuela City.
The two lawmen asked not to be transferred from police custody, supposedly due to the “mental torture” and the fear that they would get killed there upon drug lords’ orders.