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Wednesday, July 06, 2005
Judge inhibits self in case v. suspect in lawyer's slay
A REGIONAL Trial Court (RTC) judge has inhibited herself from handling the murder case filed against a man who was accused of shooting to death a lawyer and his nephew in Panacan, Davao City last February.
The case was raffled off to RTC Branch 11 under Judge Virginia Hofileña-Europa, but she opted to inhibit herself from the case because the victim is her relative.
City prosecutor Raul B. Bendigo approved the filing of charges for two counts of murder against Ricardo Mulac alias Cocoy based on the recommendation penned by assistant city prosecutor Mariam April V. Mastura-Mamukid.
Mamukid resolved the case on uncontroverted evidence since the respondent did not submit his counter-affidavit to refute the charges despite notification served to him in March.
Mamukid held that there was treachery and evident premeditation that the attack was planned which served as qualifying aggravating circumstance.
A policeman executed an affidavit and claimed that he saw Mulac shoot lawyer Reuel Dalguntas, 45, and his nephew-driver Garry Hofileña, 24, in Panacan on February 5.
The witness said that immediately after the incident, the suspect fled on board a motorcycle with two other men who acted as lookout. The witness was able to identify Mulac from the photo gallery in Sasa Police station.
Police investigators earlier said that although only one fatal bullet hit Dalguntas and 10 peppered Hofileña's body, they still believe the killers' target was the lawyer and not the nephew.
Police recovered 10 empty shells of caliber .45 pistol at the crime scene.
Dalguntas was on his way to a conference in Davao City aboard his blue Mitsubishi Adventure when they were caught in traffic near the Panacan Public Market. (RCB)
For Bisaya stories from Davao. Click here. (July 6, 2005 issue) Write letter to the editor.Click here. Join the Sun.Star message board.Click here. |
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