THE defense in the criminal complaint against SPO1 Adonis Dumpit questioned the entry of appearance of a lawyer whom the prosecution reportedly hired to act as private prosecutor to speed up the case.

Lawyer Pedro Leslie Salva, counsel for Dumpit, said the Deputy Ombudsman for the Military and Other Law Enforcement Offices (Moleo) made it clear in a resolution that only the Cebu City Prosecutor’s Office is authorized to prosecute the case.

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Salva said a delegated authority cannot be re-delegated.

Private complainant Janeth Badana, mother of robbery suspect Ronron Go, whom Dumpit shot to death, confirmed last week that they hired lawyer Rizzalina Zozobrado to act as private prosecutor in the case. But Judge Ester Veloso has yet to act on the entry of appearance Zozobrado filed last week.

Salva said he received a resolution from the military ombudsman dated Jan. 31 that only the Prosecutor’s Office should prosecute the case.

Citing Section 31 of Republic Act 6770, Orlando Casimero, deputy ombudsman for Moleo, said only the “deputized prosecutor” shall prosecute the complaint.

Zozobrado was reportedly authorized by the Visayas-Ombudsman for the Visayas to act as private prosecutor, citing the memorandum circular the anti-graft office issued in 2005.

Since Moleo authorized only the City Prosecutor’s Office to prosecute the case, Salva said the entry of appearance filed by Zozobrado would render her appearance unauthorized.

Salva said the anti-graft office should have inquired from Moleo whether it has been issued to delegate authority to anyone in prosecuting the case. Judge Veloso, presiding judge of the RTC Branch 6, has yet to resolve the resolution of the Moleo as well as motions both parties recently filed.

Nevertheless, Salva said they would just wait for the prosecutor’s office to take appropriate action on the matter.

Salva earlier confirmed receiving an amended information from the military ombudsman adopting its resolution downgrading the murder charge to homicide.

Salva said the amended information would be their basis in asking the court to recall the warrant of arrest against Dumpit for allegedly murdering a 17-year-old suspected robber.

Salva expressed confidence the court will also act favorably on the military ombudsman’s resolution, saying even Ombudsman Merciditas Gutierrez approved the resolution.

Graft prosecutor Julius Java accused Dumpit of homicide and not murder for violation of Article 249 of the Revised Penal Code.

A P40,000 bail was recommended for Dumpit. (GMD)