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Arrest order vs ex-solon in House blast sought
MANILA, Philippines – The Department of Justice has asked a local court to issue a warrant of arrest against a former lawmaker who was linked to the bombing of the House of Representatives building in Quezon City two years ago.
Senior State Prosecutor Peter Ong said they did not see any more hindrance in asking the Quezon City regional trial court to order the arrest of former congressman Gerry Salapuddin who was tagged in the explosion at the Batasan Pambansa on Nov. 20, 2007 that killed Basilan Representative Wahab Akbar and five others.
The RTC recalled the warrant of arrest early last year pending findings of then Justice Secretary Raul Gonzalez who eventually excluded the former lawmaker from the case.
But an appeal was filed before the Court of Appeals questioning Gonzalez’s findings.
In August last year, the Court of Appeals ordered the reinstatement of Salapuddin as respondent in the case.
Aside from Akbar, those who died in the blast were Julasiri Niki Huyudini, a member of his staff; Marcial Taldo, driver of Gabriela Representative Luzviminda Ilagan; Vercita Garcia; Dennis Manila and Maan Gale Bustalino, both members of the staff of Negros Oriental Representative Henry Pryde Teves.
Teves and Ilagan were also injured in the incident, along with 10 other House employees.
In a decision penned by Associate Justice Martin Villarama, the appeals court Third Division granted the petition filed by the widow of Akbar, Basilan Governor Jum Akbar to annul and set aside the resolution of Justice Secretary Raul Gonzalez Sr. that dropped Salapuddin as respondent in the supplemental findings of Chief State Prosecutor Jovencito Zuno.
The appeals court found merit in the prosecutors' supplemental findings during the preliminary investigation in which probable cause was found against Salapuddin following the sworn statements issued by four other suspects linking him to the blast.
"The determination of probable cause during preliminary investigation or reinvestigation is recognized as an executive function exclusively of the prosecutor. Thus, the determination of the persons to be prosecuted rests primarily with the prosecutor who is vested with discretion in the discharge of this function," the appellate court ruled.
Records showed that the prosecution panel led by Zuno issued a resolution finding that the PNP-CIDG has sufficiently established probable cause that conspiracy exists and that respondents Salapuddin, Ikram Indama, Caidar Aunal, Adham Kusain, Hajarun Jamiri, Police Officer (PO) 1 Bayan Judda, Julhan Kunam, Benjamin Hataman are behind the bombing, leading to the filing of the case before the Quezon City RTC.
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