Communist Party of the Philippines and New People’s Army chief Benito Tiamzon (left) and his wife, Wilma (right). INQUIRER FILE PHOTO
The motion filed by alleged communist leaders Benito Tiamzon and Wilma Austria to dismiss the kidnapping case against them has been denied by a Quezon City court.
In an order dated June 20, Judge Madonna Echiverri dismissed the Tiamzons’ motion to set aside their arraignment on the charge of kidnapping with serious illegal detention on grounds it was invalid.
In their motion, the accused said “a valid arraignment requires more than a simple reading of the information.” It should ensure that accused is able to fully understand the nature of the charges as well as the possible consequences of whatever plea he or she would make.
The Tiamzons were arraigned “over their objection” on April 8 because they were informed about it late afternoon of the previous day. They refused to enter a plea so the court entered a “not guilty” plea for them.
In her order, Echiverri said “the counsel for accused were given ample time to confer with the accused before the reading of the information.”
The Tiamzons also asked the court to dismiss the case because it should have been absorbed in the rebellion charge against them.
The judge said the defense must justify that their alleged acts were committed in furtherance of a political act during the trial.
“The proof of showing political motivation is deduced during trial where accused is assured of opportunity to present evidence supporting the defense,” the judge said.
The case will proceed with a pre-trial hearing on August 11. http://newsinfo.inquirer.net/616201/court-rejects-motion-to-drop-kidnapping-raps-vs-tiamzon-couple
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