THE SUSPECTED bomber in the 2005 Davao City Overland Transport Terminal explosion filed an urgent omnibus motion before the Regional Trial Court (RTC) on Tuesday.
Abdul Manap Mentang, in the motion filed by his legal counsel, asks the court to throw out the case because of the questionable manner in which the warrant of arrest was served.
The petition said the warrant was “virtually converted into a John Doe warrant” and “facially invalid against movant Abdullah P. Hamsa and in violation of his right to due process.”
Mentang was arrested during a joint police and military operatives on Nov. 11 at Barangay Panatan, Pigcawayan in North Cotabato.
He was arrested by virtue of arrest warrant issued by Judge Wenceslao Ibabao former presiding judge of RTC Branch 33 for multiple murder and multiple frustrated murder. The accused had also a standing warrant before the RTC 12 Branch 14 in Cotabato City for multiple murder.
The suspect also wants to declare his arrest and imprisonment as unconstitutional, wrongful, unreasonable, mistaken and false.
“To order his immediate release or at least grant bail for his provisional liberty pending determination hereof,” the resolution read.
The accused also stressed that Abdullah P. Hamsa was his real identity.
“To return the detainee confiscated items upon his arrest that included his identification papers showing his true identity as Addullah P. Hamsa, among others.”
On the other hand, the Criminal Investigation and Detection Group (CIDG-ARMM) prepared the affidavits of the three witnesses who are rady to testify in court.
The CIDG-ARMM also submitted a report before the RTC 12 Branch 14 in Cotabato City informing that Mentang has been committed in the Bureau of Jail Management and Penology in Ma-a after the Judge Lope Callo of RTC Branch 33 issued a commitment order.
Mentang is facing charges in connection with the explosion at Davao City Overland Transport Terminal that killed a 12-year-old boy and injured at least eight people.
During his arrest, a caliber .45 with serial number 760718 with a magazine loaded with six bullets was recovered in his possession including cash worth P94,500.
Meanwhile, CIDG-ARMM is set to file additional charges for violation of Republic Act 10591 for illegal possession of firearms.
Moreover, the van used by the accused will be subjected to macro-etching procedure on the information that it was a carnapped vehicle.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.