Fiscal re-filing case vs call center agent

CEBU, Philippines - Because she allegedly left behind a lawyer she hit and killed with her driven vehicle, a call center agent would be facing a graver offense before the Regional Trial Court.

Municipal Trial Court in Cities Branch 5 Judge Oscar Andrino granted the ex-parte motion of the Cebu City Prosecutor’s Office to withdraw the case information because it was “erroneously filed.”

The fiscal’s office earlier brought the reckless imprudence resulting in homicide case against Junette July Yamyamin, 24, of Sitio Baca, Barangay Banilad, Cebu City before the MTCC.

Yamyamin, who claimed she did not see victim Norma Garciano, who was on her way to attend mass at the Our Lady of the Sacred Heart (Capitol Parish) church, has already been released from jail after posting a P30,000 bail.

City Prosecutor Nicolas Sellon filed the urgent ex-parte motion before the office of the MTCC executive judge to withdraw the case information for the purpose of immediate re-filing with the RTC.

“Wherefore, considering that the case has yet to be raffled, it is most respectfully prayed of the Honorable Executive Judge to allow the Cebu City Prosecutor’s Office to withdraw the Information in the above-entitled case, including all supporting documents, so that the same could be refilled immediately with the RTC,” read the ex-parte motion.

“That the above-entitled case is for homicide ‘TRI’ but with the aggravating circumstance of failure of the accused to lend on the spot to the injured victim such help as may be in his hands to give, thereby raising the penalty by one degree higher or from Prision Correccional in its medium and maximum periods to Prision Mayor in its minimum and medium periods,” added the motion.

The MTCC executive judge granted the said motion.  (FREEMAN)