Friday, August 10, 2007 Appeal ‘unlikely’ says prosecution, as private lawyer eyes motion for recon
THE prosecution panel in the murder of lawyer Arbet Sta. Ana Yongco admitted that asking for a reconsideration of the court’s order granting the demurrer of evidence of Heracleo Rallestan and Nestor Carrol is “unlikely.”
Lawyers Ramon Duyongco and Democrito Barcenas explained that the order of Regional Trial Court (RTC) Judge Bienvenido Saniel Jr. of Branch 20, dismissing the murder charge against Rallestan and Carrol, is tantamount to an acquittal.
“According to the rules of criminal procedure, dismissal of a case constitutes an acquittal and the prosecution cannot appeal because to do so constitutes double jeopardy,” explained Barcenas.
Duyongco is of the same opinion but he clarified in a radio dyLA interview that they are still studying their options. He will meet with the panel and state prosecutors.
He clarified, however, that they can file a motion for reconsideration with the conformity of the Office of the Solicitor-General, but they have to establish there was “patent error” in the decision and there was grave abuse of discretion amounting to lack of jurisdiction on the part of the judge.
The prosecution admitted they were disappointed with the court’s decision granting the demurrer to evidence filed by lawyer Noel Archival.
They believe they presented strong evidence against Carrol and Rallestan.
Barcenas earlier said the dismissal of the case against Rallestan and Carrol would not affect the case against Philippine Benevolent Missionaries Association (PBMA) member Michel Favila Sr., the remaining accused in the murder of Yongco.
At the time of her death in October 2004, Yongco was the private prosecutor in the parricide case against PBMA leader Ruben Ecleo Jr. (KNT)
