Cases vs Tulawie have yet to move

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Thursday, March 22, 2012

THE cases filed against human rights advocate Temogen S. Tulawie appeared to have not been moving as the Department of Justice (DOJ) still has to appoint a state prosecutor to handle these cases.

"Unsaon pag effectively prosecute sa (How will he be able to effectively prosecute the) case if the evidences are not yet in his hands?" Regional Trial Court (RTC) Branch 11 Judge Virginia Europa said Thursday in an interview, referring to prosecutor Marte Melchor Velasco, the assigned state prosecutor for the RTC branch 11.

Europa said the DOJ has yet to issue an order for Velasco to prosecute and handle the Tulawie's cases.

This after the multiple frustrated murder and attempted murder and illegal possession of explosives charges filed against Tulawie were transferred from RTC Sulu to RTC Branch 11 in Davao City on February 29.

In the meantime, Europa said only the fiscal from RTC in Jolo, Sulu is allowed to prosecute the cases.

For that, she said these cases will not progress since she has "to hear both sides."

In a separate interview, Velasco also said the pieces of evidence of these cases are still with the fiscal in Sulu.

He said they are still waiting for the order to transfer the pieces of evidence since they cannot start hearing the case without these.

"Wala man mi kalibutan unsaon pag-action (We have no knowledge on how to act on the cases without the pieces of evidence)," he said.

"Pero sa karon wala pa mi authority kay ang Jolo prosecutor pa lang ang may (But for now, we are not yet authorized since still the Jolo prosecutor has the) jurisdiction over the case. Unless tagaan mi ug specific authority from DOJ nga mag conduct na (unless the DOJ will give us specific authority to conduct)," Velasco said. (Arianne Caryl N. Casas)

Published in the Sun.Star Davao newspaper on March 23, 2012.

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