THE arraignment of the two suspects in the killing of Dabawenyo businessman Ramon Teodoro Garcia before the Regional Trial Court (RTC) Branch 17 was stalled Thursday.

This after the legal counsel of the complainant filed a motion for reconsideration seeking to revert an earlier ruling from the City Prosecutor’s Office.

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Complainant Theodore Delfin Garcia's legal counsel Danilo Basa told reporters in an interview that they have already filed a motion for reconsideration on the resolution of Prosecutor Faizal Padate dated June 16, ruling out the robbery with homicide charges against suspects Jamora Liawan, alias Jan-Jan, 23, and his girlfriend Daisy Joy Supatan Cachapero, alias Angel, 27, in place of kidnapping and serious illegal detention with homicide, carnapping, and theft charges.

“We are requesting the honorable court to modify the resolution to robbery with homicide. The City Prosecution Office dropped the robbery with homicide on the grounds that the place where the victim was not determined. We cited a Supreme Court ruling which says that when there is a conspiracy to rob the victim and homicide happens on occasion of or as a result of the robbery, then the place of the commission of homicide is immaterial,” Basa said.

Padate cited in his resolution that the robbery with homicide was not established in the crime as authorities were not able to determine where and when the victim was killed.

He also said the victim could have been killed in any of the towns or municipalities between Davao City and Malalag, Davao del Sur.

But while the Padate is yet to make a reply to the motion, RTC Branch 17 Presiding Judge Evalyn Morales granted the urgent motion to defer the arraignment filed by the complainants. Morales will be rescheduling the arraignment once the motion has already been resolved.