Hearing vs Tomawis’ dismissal reset-A A +A
Monday, March 18, 2013
THE resumption of the motion for reconsideration hearing against the dismissal of Sultan Yahya “Jerry” M. Tomawis in connection with the syndicated estafa case has been reset to March 22, after defense lawyers opposed the motion for failure of the prosecution to present the witness.
Lawyer Jose Alejandro Pallugna, legal counsel of Tomawis and his daughter Princess, said that aside from his affidavit of recantation, witness Naim Sampao should also be presented to the court.
“Sampao should appear and affirm his signature because if the prosecution cannot present him, there is no basis for granting the motion for reconsideration,” Pallugna told Sun.Star Cagayan de Oro last Friday.
On February 22, Regional Trial Court Judge Bonifacio Macabaya of Branch 20 issued an order dismissing the case filed against Tomawis citing the prosecutors’ failure to convict him beyond reasonable doubt.
Tomawis is one of the respondents of the financial investment scam and the father-in-law of suspected scam leader Jachob “Coco” Rasuman.
Rasuman is detained by the National Bureau of Investigation (NBI) in Manila pending.
The dismissal order came after Sampao and Achmad Sangcaan, complainants of the syndicated estafa case against Tomawis, filed their affidavit of desistance.
Sangcaan, according to the court’s two-page decision, took to the witness stand and was presented on direct examination during the hearing of the motion on February 15 by defense counsel Federico Maranda.
However, Sampao filed an affidavit of recantation as he decided to pursue the case against Tomawis.
But according to Pallugna, Sampao’s affidavit of recantation was only submitted during the last hearing.
As a result, Regional State Prosecutor Jaime Umpa immediately filed a motion for reconsideration before the RTC Branch 20.
“I just hope our special panel of prosecutors can present Sampao on March 22 so that our motion will be granted,” Umpa told Sun.Star Cagayan de Oro on Saturday.
Meanwhile, the City Prosecutor’s Office and the Office of the Regional State Prosecutor conducted a preliminary investigation of some 20 additional complaints for syndicated estafa against the Rasuman group on March 15. (Annabelle L. Ricalde)
Published in the Sun.Star Cagayan de Oro newspaper on March 18, 2013.