Motion for reconsideration on Garcia case yet to be resolved

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Thursday, July 17, 2014


AN OFFICIAL of the Davao City Prosecutor's Office said the motion for reconsideration filed by the private prosecutor in the kidnapping with homicide case of Ramon Teodoro Garcia has yet to be resolved.

City Prosecutor's Office public information officer and assistant prosecution Atty. Jay Karel Sanchez told Sun.Star Davao in an interview that Prosecutor Faizal Padate is yet to resolve the motion for reconsideration filed by private prosecutor lawyer Danilo Basa.

Basa sought to revert the ruling of Padate, who affirmed stiffer charges of kidnapping and serious illegal detention with homicide, carnapping and theft against the suspects Jamora Liawan, alias Jan-Jan, 23, and his girlfriend Daisy Joy Supatan Cachapero, alias Angel, 27.

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"They (Basa) wanted that another case would be filed against the accused for robbery with homicide. So we are still waiting for the resolution to be penned by fiscal Padate who conducted the inquest. He has 30 days to resolve the motion," Sanchez said.

Padate has dropped the robbery with homicide charges previously filed by the victim's son Theodore Garcia on the grounds that the authorities were not able to establish where and when the victim was robbed and killed.

But Basa insisted that the robbery with homicide should have not been dropped, citing a Supreme Court ruling that indicated that the place and time of the robbery and homicide becomes "immaterial" when the crime was committed with conspiracy.

Sanchez, however, said that Padate may question the validity of Basa's motion for reconsideration.

"The question of whether it is still proper to file a motion for reconsideration for a resolution which was issued by virtue of an inquest proceeding is one of the issues that will be tackled by prosecutor Padate. It is because the inquest proceeding is summary in nature so it should be conducted in a fast manner because the two accused in this case are detained. I could not comment on whether it is proper or not but it will be embodied in the resolution of Padate," Sanchez said.

The Regional Trial Court Davao City Branch 17 is also waiting for the motion to be resolved as Liawan and Cachapero have yet to be arraigned.

Published in the Sun.Star Davao newspaper on July 17, 2014.

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