MCTC asked to reconsider decision junking Salud case

CEBU, Philippines - The prosecution is asking the Municipal Circuit Trial Court in Consolacion to reconsider its move dismissing the perjury case filed against boxing promoter Rex “Wakee” Salud.

In his motion, state prosecutor Arnulfo Amodia said Judge Rogelio Lucmayon should reconsider his ruling dismissing the case for lack of jurisdiction.

 â€œWherefore, it is most respectfully prayed of this Honorable Court to reconsider its order dated April 2, 2014 dismissing this instant case for lack of jurisdiction and instead set the arraignment of this instant case,” the motion for reconsideration said.

 Amodia claimed that the MCTC has jurisdiction over the case.

 â€œThe complaint filed before the Office of the Provincial Prosecutor is perjury penalized under Article 133 of the Revised Penal Code with a penalty of arresto mayor in its maximum period to prison correctional in its minimum period which is within the jurisdiction of this Honorable Court,” he said.

 Lucmayon, in his order, said perjury cases must be filed before the Regional Trial Court and not before the MCTC.

He said pursuant to Article 268 of the Election Laws, perjury cases fall under the exclusive jurisdiction of the RTC.

Such view, he added, was also shared by Commission on Elections regional director Temie Lambino.

 Amodia, however, said the violation of Section 261 sub-paragraph 2 of the Omnibus Election Code, which is within the jurisdiction of the RTC pursuant to Section 268, is a separate and independent offense from perjury under Article 183 of the Revised Penal Code.

 The Cebu Provincial Prosecutor’s Office elevated the perjury case against Salud to the MCTC after finding probable cause.

 Salud was charged with perjury for allegedly writing false statement in his second application for transfer of registration with the Comelec.

 Salud allegedly falsely claimed a period of residence of one year and 11 months in Cogon, Cordova in his application for registration before the office of the town’s election officer.  (FREEMAN)