SPO1 Adonis Dumpit pins hope on Judge Ester Veloso’s decision on the resolution the military ombudsman has released, downgrading the criminal complaint against him from murder to homicide.

Lawyer Pedro Leslie Salva, counsel for Dumpit, yesterday confirmed receiving an amended information from the Office of the Ombudsman-Visayas adopting the resolution of the military ombudsman.

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Dumpit, in a text message to Sun.Star Cebu, said he is now trying to raise P40,000 cash for his bail bond.

Dumpit, through Salva, asked the court to recall the warrant of arrest for murder issued against him, banking on the resolution of the Ombudsman for the Military and Other Law Enforcement Offices, which reportedly downgraded the case from murder, a non-bailable offense, to homicide.

Dumpit, however, declined to say when he will come out either to turn himself in or file the bail bond.

Salva said the amended information will be their basis in asking the court to recall the warrant of arrest against Dumpit, who is accused of killing a 17-year-old suspected robber.

Salva was confident the court will also favor the military ombudsman’s resolution, saying Ombudsman Merceditas Gutierrez approved the resolution.

Graft prosecutor Julius Java accused Dumpit of homicide, not murder, for violating Article 249 of the Revised Penal Code.

He recommended P40,000 for Dumpit’s bail.

“I have conducted a reinvestigation in this case… There is a reasonable ground to believe that the offense charged has been committed and the accused is probably guilty,” said Java in his three-page amended information.

Lawyer Salva also squelched talks yesterday that Dumpit was posting P40,000 for his temporary liberty.

Amended

“Not yet. We still have to file our motion before the court once it receives the amended information for homicide,” said Salva.

Technically, Salva said the Visayas-Ombudsman approved the resolution of the military ombudsman downgrading the murder charge to homicide and the resolution has been forwarded to court.

Salva said Dumpit cannot post bail yet since Judge Veloso, presiding judge of Regional Trial Court Branch 6, will determine first whether to approve the resolution of the military ombudsman.

Earlier, Salva described as a “mere scrap of paper” the Ombudsman-Visayas’ order seeking explanation from police officials in Cebu why they failed to arrest Dumpit despite an arrest warrant against him.

Salva filed his opposition to the urgent ex-parte motion Graft Prosecutor Alfred Oguis filed with RTC Branch 6 last Monday afternoon.

Last Monday, Oguis, in his two-page motion, sought show-cause orders against Chief Supt. Lani-o Nerez, Chief Supt. Patrocinio Comendador, Supt. Rex Derilo, and the chief of the warrants and subpoena section of the Cebu City Police Office (CCPO).

But Salva said the motion did not comply with the Rules of Court in the filing of further proceedings.

Salva said the motion of the anti-graft office “directly affects” not just the right of Dumpit “but even the very life of the accused by unreasonably forcing the authorities to arrest (the suspect).”

The motion, the lawyer said, was also in contrast to the admission in open court of the prosecution that they were “duly informed” about the downgrading of the murder charge to homicide by the military ombudsman.

Judge Veloso, presiding judge of the RTC Branch 6, had denied the motion Salva filed seeking to recall the arrest warrant against the policeman for lack of “factual and legal basis.”

The CCPO, on the other hand, said they are tracing Dumpit’s whereabouts, although the warrant of arrest for the policeman has already been returned to the court.

Comendador said his office is waiting for the alias warrant to be issued by the court that will be used to arrest Dumpit.

Comendador disputed reports that the police did not exhaust all the efforts to track Dumpit down.

He said the arrest warrant was served on Dumpit’s house on Villagonzalo St., Tejero, but the latter was not around.

Comendador said it is not only Dumpit’s warrant that they are trying to serve. There are also other people wanted for different offenses.