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Friday, October 22, 2004
Lawyers’ spat ends in song
LAWYERS representing Michel Favila Sr. and the family of the late Arbet Sta. Ana-Yongco found themselves on a collision course at the Office of the Cebu City Prosecutor yesterday, giving the public a glimpse of the trial to come.
But as easily as Gloria Lastimosa-Dala-wampu and Orlando Salatandre Jr. crossed swords in a fight that lasted over an hour, the two effortlessly made up, giving members of the justice press corps a duet of Cinderella’s “Bato sa Buhangin.”
Favila, the subject of the conflict, couldn’t resist. He grabbed a TV microphone and blended in.
The reactions varied.
Some of those present in the a capella display were amused by the two lawyers’ attempt at levity. Others, however, saw it as a slur on the memory of the lawyer Favila is accused of killing.
The confrontation began shortly after Favila was brought to the Palace of Justice for an inquest investigation by Assistant City Prosecutors Jesus Feliciano, Oscar Capacio and Vicente Mañalac at 1:30 yesterday afternoon.
Waiver sought
While Favila arrived there with a phalanx of Task Force Arbet and Cebu City Police Office (CCPO) men, it wasn’t clear if he was deemed under arrest. (See related story)
Salatandre, who accompanied Favila to the Palace of Justice, raised his objections against an inquest proceeding, opting for a preliminary investigation where they will be allowed to submit a counter-affidavit.
Dalawampu, who arrived later, agreed to a formal investigation but demanded that Favila, being a “detention prisoner,” execute a waiver of detention.
To Dalawampu, having Favila face a preliminary investigation without signing a waiver of detention will place the police in jeopardy and might cause complications if it reaches the court.
She maintained that Favila needs to be placed under arrest because, if he’s under the protective custody of the National Bureau of Investigation (NBI), he has the option of leaving anytime.
Protection only
Salatandre, however, didn’t agree. While his client is willing to be under the protective custody of the NBI, he ought not to be considered a detention prisoner because he was never arrested.
He said his client merely surfaced to clear his name and has “volunteered to be investigated.”
He urged that the Yongco camp consider how Favila willingly subjected himself to police custody despite the absence of any criminal case.
Dalawampu said that while this might be true, three police witnesses identified Favila as Arbet’s killer.
This, she said, resulted in a warrantless arrest.
Cebu City Prosecutor Cezar Tajanlangit, who had to cancel a 3 p.m. flight to Manila, skimmed over the question of whether or not Favila is formally under arrest when the lawyers went to his office, adjacent to where Feliciano was supposed to conduct the inquest proceedings.
After a telephone conversation with Justice Secretary Raul Gonzalez, Tajanlangit directed Salatandre to have Favila execute a waiver of detention as a “request for voluntary custody and waiver.”
In consonance with Salatandre’s move, the murder complaint against Favila will be treated as a regular preliminary investigation. (KNR)
(October 22, 2004 issue)
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