THE private prosecutor in the case involving the slaying of Dabawenyo businessman Ramon Teodoro Garcia filed a motion asking the City Prosecutor's Office (CPO) to reinvestigate the case.
Private prosecutor Danilo Basa filed on August 23 a motion for reinvestigation after his motion for reconsideration urging the CPO to revert the charges against suspects Jamora Liawan, alias Jan-Jan, 23, and his girlfriend Daisy Joy Supatan Cachapero, alias Angel, 27, back to robbery with homicide was denied.
Due to the filing of the motion, the arraignment for the suspects that was set on August 28 before the Regional Trial Court (RTC) Branch 17 was re-scheduled anew.
Basa stated in the motion that while Prosecutor Faizal Padate cited a Supreme Court ruling that indicated a summary inquest proceeding is not subject of a motion for reconsideration, the same Supreme Court ruling suggested that he can then file a motion for reinvestigation instead.
The private prosecutor stressed that the resolution of Padate dated August 7 itself suggested that the "remedy for the private complainant therefore is to file a motion for reinvestigation with RTC Branch 17," thus, he was compelled to file the motion for reinvestigation.
Basa also said that their motion for reinvestigation is still consistent with their plea to revert the charges back to robbery with homicide and carnapping, contrary to the serious illegal detention with homicide, carnapping and theft charges affirmed by Padate.
RTC Branch 17 Judge Evalyn Arellano-Morales, in her order dated August 28, granted the motion and endorsed the records of the case to the CPO for reinvestigation.
She also re-scheduled the arraignment of Liawan and Cachapero on November 28. (RSA)