Transfer of Tulawie’s case records to Manila deferred

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Wednesday, September 26, 2012

THE Regional Trial Court (RTC) postponed the transfer of case documents filed against bomb suspect Temogen Tulawie from Davao City to Manila as per request of the defense counsel.

"This court defers the sending of the records of these cases to the Supreme Court for only a week's time," RTC Branch 11 Judge Virginia Europa said in her order.

Europa's order stemmed from the urgent manifestation of laywer Glocelito Jayma, one of the three counsels of Temogen, asking the court not to send yet the records of the cases until the resolution of the Supreme Court (SC) becomes final.

Lawyers Raissa Jajurie, Karlos Yzagani Zarate and Jayma are also preparing their motion for reconsideration before the SC.

This after Europa received the decision of the SC, stating that it had granted the petition of Sulu Governnor Abdusakur Tan to transfer the case trial venue from Davao City to Manila.

She said she is yet to return the records to Manila. The clerk of court in RTC Manila will be in charge of the raffling of the violation of Section 3 in relation to section 3-c of Republic Act 8294 (Illegal Possession of Firearms), multiple frustrated murder and multiple attempted murder cases, to a regular court.

In their manifestation, the lawyers requested RTC 11 "to hold in abeyance the forwarding of the records" until the resolution of the SC will become final and until Tulawie formally receives his copy of the resolution.

Tulawie's lawyers claimed that one of them was at the SC on August 29 to verify the status of the petition, but was not provided with a copy of the resolution.

The lawyers also wanted the court to consider the "danger" if Tulawie will be transferred to Manila as it is expected that the accused will be "mixed with prisoners with whom the private complainant has influence."

The hearing for application for bail of Tulawie slated on September 19-21 was also cancelled due to the change of venue order by the SC.

Records showed that the accused, assisted by lawyers Glocelito C. Jayma and Raissa Jajurie, was arraigned on August 3.

In the recent prayer vigil of Free Cocoy Tulawie Movement held at the Hall of Justice, Tulawie's family and supporters expressed their sadness to the SC order.

Mussah Sherian Tulawie, wife of the accused, said she is worried over the situation of her husband and of their children who are presently studying in this city. (ANC)

Published in the Sun.Star Davao newspaper on September 27, 2012.

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