This after the urgent motion to quash information and warrant of arrest filed by the Public Attorney’s Office headed by lawyer Persida Rueda-Acosta was submitted for resolution Tuesday.
Both Acosta and State Prosecutor Mark Roland Estepa said that Judge Nelson Estepa has the prerogative on when the resolution can be made.
Acosta said that a judge usually has 90 days to come up with a resolution. “Depende sa kanya kung kalian niya ire-resolve,” Acosta said. Estepa on the other hand said “it’s actually the judge prerogative.”
Acosta led a team of lawyers while Estepa was assisted by Public Prosecutor Efren Clint Mallare in the oral argument over the PAO motion in connection with Criminal Case no. SD (15)-3666 before the sala of Judge Nelson Tribiana.
Mallare said both parties have amplified their position in the open court. Both Lacanilao and Sergio were present during the hearing, he said. In an interview after the hearing, Acosta maintained the charges and the arrest should be quashed altogether.
“Sabi naming walang offense. Yung elements ng illegal recruitment ay wala dun sa information charge” Acosta said, noting that section 6 of the Illegal Recruitment Act provides the alleged victim should have paid the supposed illegal recruiter.
“Dito, inalok lang daw ng trabaho. Wala na, plain ang simple. Yung damage, yung element of damage ay wala,” Acosta said.
Acosta said the case may set a dangerous precedent:
“Halimbawa ikaw may magturo sa iyo o nire-recruit mo ’ko di lang ako natuloy, pulis posasan. Yun na. kulong ka na. Dangerous precedent, Kaagad na makukulong ka mayroon lang mag-fabricate ng statement laban sayo,” she added.
The case should also be dismissed because of the alleged illegal arrest on Lacanilao and Sergio.
The arbitrary detention supposedly committed by the National Bureau of Investigation, she said, also renders the arrest null and void. “Null and void din yung ginawang inquest.
Kung null and void ang inquest, null and void din ang information dahil walang elemento nung kaso na sinasabi,” the defense lawyer said.
Veloso’s sister, Maritess Veloso-Laurente, expressed dismay over the PAO’s stand of defending the accused.
“Dismayado ako sa PAO kasi sayang naman yung kanilang pinag-aralan nun na dapat ipagtanggol nila yung mga naaapi. Pero sa nakikita ko sobrang ipinagtatanggol nila yung nang-aapi,” Laurente said.
She said Estepa has effectively explained before the court that illegal recruitment may happen even without payment of any fee.
“Ipinaliwanang ni Pros. Estepa na even promising e matatawag na illegal recruitment,” she said.
Estepa would not elaborate during the interview.
But in his written opposition, Estepa said Sergio and Lacanilao, in filing the motion to quash “want to have their cake, and eat it too….While both accused persistently denied the jurisdiction of the Honorable Court over their persons, they asked for reliefs that cannot be given without the latter’s exercise of the same,” he said in his opposition.
Lacanilao is a resident of Esguerra District, Talavera, Nueva Ecija while Sergio who lives with him, is a native of Bicol.
They are now under commitment at the Nueva Ecija provincial jail.
