THE Davao City Peace and Order Council is still waiting for the decision of the Supreme Court for their petition to transfer the custody and the venue of the trial five of the Maute members detained in the city.
Davao City Prosecutor and CPOC member lawyer Prosecutor Nestor Ledesma on Wednesday, August 2, said the Supreme Court is still waiting for the comment of the Regional Trial Court Judge Lope Callo who is currently handling the multiple murder and multiple attempted murder cases filed against the five accused of the September 1, 2016 blast.
The petition is for the transfer of the venue of the trial of the criminal cases filed against TJ Macabalang, Wendel Apostol Facturan, Musali Mustapha, Zach Villanueva Lopez, and Jericho de Rome to the court in Taguig City and the transfer of their custody to Camp Bagong Diwa, Bicutan, Taguig City.
It can be recalled that the five Maute members were arrested weeks following the September 2 Roxas Night market blast that killed 15 people and wounded 69. They were charged with multiple murder and multiple frustrated murder.
Ledesma said Office of the Court administrator lawyer Midas Marquez in reply of their petition issued an order directing the two judges handling the cases including Judge Evalyn Arellano Morales currently handling the terrorism case.
He said that Judge Evalyn Arellano-Morales of Branch 17 already submitted her comment to the Supreme Court.
Ledesma said that in a nutshell she said that “in the interest of justice and safety of all persons concerned the court is recommending the transfer of the venue of the trial and the transfer of the custody of the accused to the RTC Taguig City.”
“Judge Callo has yet to file his comment to the Supreme Court instead he directed the lawyers of the accused to file a comment to our petition,” Ledesma said.
Ledesma said the lawyers of the accused manifested in open court that they oppose the transfer of the case and custody.
He said the arraignment scheduled initially in June 23 for the five remaining accused out of 14 charged with three being declared as state witnesses, was moved to July 28 based on the motion issued by the prosecution stating the risk in bringing the accused to court.
“On July 28, our prosecutors led by Fiscal Armand Tirol were ready to present the evidence the Honorable Judge reset the case to September 1,” he said.
Ladesma said the deadline for the written comment of the lawyers of the accused was set on Wednesday, August 2, and Judge Callo will soon come up a decision for the petition according to their comment.
Ledesma underscored that once Judge Callo’s decision will be issued it is up the Supreme Court to decide on the petition, and if they will issue a favorable decision, the September 1 arraignment in Davao City may be cancelled.
The accused are currently detained in Ma-a jail. (KVC)