Motion to include mayor in murder raps to be resolved

A MEMBER of the panel of prosecutors said the motion for partial reconsideration on the motion to include Buluan Vice Mayor Ismael "Toto” Mangudadatu in the murder charges that stemmed from a shooting incident inside a Davao City mall, has yet to be resolved.

"They (complainants) have yet to file a motion to suspend proceedings in the court," Prosecutor Maria Gemma Dabbay-Tambis said.

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Natividad, wife of slain Tamano Kamendan, though her lawyer, sought partial reconsideration of the March 3 joint resolution saying, "the investigating panel, in dismissing the case against respodent Mangudadatu (Esmael), went beyond its authority as investigating prosecutors, usurped the function reserved for judges to determine the guilt or innocence of an accused in criminal cases and relied upon evidence not presented in the manner prescribed under the rules of court."

The motion stated that there are more than adequate evidence to justify the indictment of Mangudadatu for the crime charged and clear and direct evidences do not exist to discredit the testimony of the victim's wife.

It added that the panel, composed of prosecutors Maria Gemma Tambis, Jofre Saniel and Marte Melchor Velasco, should have ruled as it did in charging accused PO1 Surab Lintukan Bantas and PO1 Ibrahim M. Langalen that Mangudadatu's alibis and excused are matters of defense for the court to determine during trial.

It pointed out that "the obligation of the investigating prosecutors is clear and that is to determine whether a crime has been committed and whether or not respondents are probably guilty thereof, and should be held for trial" on the basis that the victim, Tamano Kamendan was with his four-month pregnant wife, Natividad, unarmed.

Mangudadatu and three of his children were reportedly at the JS Gaisano City Mall in Illustre, Davao City at around 7 p.m. of February 11 when he incident happened.

Mangudadatu, aside from his children, was said to be protected and guarded by two uniformed and armed police security escorts, respondents Bantas and Langalen, and was accompanied by two other civilian aides, James Musa and Arneil Alangkat.

"With the positive identification of respondent Mangudadatu and direct evidence of his ordering the shooting of Tamano Kamendan, there was already probable cause against respondent Mangudadatu" it added.

The murder case filed against Langalen and Bantas were earlier raffled off to RTC Branch 16.

Mangudadatu was earlier dismissed from the case for lack of evidence.