Vice guv seeks dismissal of charges on judge slaying-A A +A
Thursday, October 11, 2012
VICE Governor Genaro Alvarez will submit his counter-affidavit before the Department of Justice (DOJ) today, Thursday, during the resumption of the preliminary investigation relative to the killing of Kabankalan Regional Trial Court Judge Henry Arles.
Representative Mercedes Alvarez, daughter of the vice governor, said that included in his father’s counter-affidavit is his plea for the dismissal of the case, which is inadmissible as it is only based on hearsay.
Alvarez said they strongly believe that the case would be dismissed by the prosecutor, as there is no first-hand or direct information that linked the vice governor and his brother Mayor John Paul Alvarez of Ilog on the case.
Based on the testimonies of “Honeybee,” who surfaced as one of the witnesses in the Arles killing, she only heard the alleged suspects, who were having a conversation, mention Vice Governor Alvarez, Mayor Alvarez and Vice Mayor Jerry Tabujara of Cauayan as those who commissioned the suspects in the killing of Arles.
Representative Alvarez also pointed out conflicting statements and inconsistencies on the affidavits of the witnesses.
"But of course, we leave it to the prosecutor to assess all the documents," she said.
Tabujara has also asked the DOJ to immediately dismiss the case filed against him, Vice Governor Alvarez and Mayor Alvarez, saying it is politically motivated and based on hearsay.
Tabujara said in his counter-affidavit that there is no legal and factual basis for the DOJ to continue with the preliminary investigation against him and the Alvarezes based on the fabricated and hearsay statements of witness Honeybee.
He also pointed out that it is Philip Arles, lawyer Frank Britanico and National Bureau of Investigation-Bacolod head Ferdinand Lavin who orchestrated the case against them.
Published in the Sun.Star Bacolod newspaper on October 11, 2012.