Tuesday, October 21, 2008 Court to decide on gun case vs Batman slay suspect By Rhodamae M. Hernandez
THE Regional Trial Court (RTC) scheduled the promulgation of the illegal possession of a firearm charges against a man who was first pinpointed to as the gunman of Fernando "Batman" Lintuan on October 29.
RTC Branch 17 Judge Renato A. Fuentes earlier issued an order submitting the case against Oliver Antoc for decision after the prosecution failed to submit its memorandum despite the order of the court.
The prosecution was ordered to present its comment or opposition last September 23.
Antoc is facing illegal possession of a firearm charge before RTC Branch 17 and another illegal drug possession charges before RTC Branch 9 after a sachet of shabu was found in his possession when he was arrested.
Antoc was charged based on the joint affidavit of arrest of PO3 Melvin Joseph Violan and PO2 Anthony Dechaves of the Regional Special Operation Group of the Police Regional Office (PRO)-Southern Mindanao.
In their affidavit, the policemen said they arrested Antoc while buying roast chicken at La Verna Hills in Buhangin after receiving information around 6:15 p.m. of December 28 that an armed man was seen there.
Taken from Antoc was a caliber .45 pistol Colt Commander with three magazines loaded with 28 live bullets.
A sachet of crystalline substance believed to be shabu was also confiscated from his possession when he was at the police station.
Antoc was also identified by two witnesses in a police lineup as the one who shot Lintuan just over a hundred meters away from the dxGO radio station along R. Castillo St. in Agdao around 9:40 a.m. of December 24.
Antoc, however, was not charged for the Lintuan slay as law enforcers sued another suspect, Lintuan's fellow broadcaster Leonilo Larosa.
Meanwhile, the RTC Branch 14 postponed the pre-trial hearing Monday of the murder case filed against Larosa.
"I asked the court to reset the trial because the orders of our two motions were not yet issued. We will submit the appropriate pleadings upon the issuance of such orders," City Prosecutor Victoriano M. Bello told Sun.Star Davao.
RTC Branch 14 Judge George Omelio reset the pre-trial hearing on November 6.
Omelio allowed Leonilo Larosa to post P300,000 bail for his provisional liberty, saying there are inconsistencies in the testimonies of the lone witness who identified him as the one who killed Lintuan last year.
The case was raffled off to Judge Omelio after the accused sought the inhibition of Judge Fuentes.
