Skip to main content

Rape Murder Case Saga in Panglao Island

     The counsel for a witness who have instead been charged for the rape-slay of Vivian Dumaluan has cited the lack of due process in the filing of the case for rape with homicide against Alex Dasco.

      Lawyer Menedio Thadeus Bernido filed two motions in a bid to stay the filing of the case against Dasco.

      Bernido filed a motion to defer further proceedings with manifestation and an ex-parte motion to recall information.

      In the first motion, Bernido said the Bohol Provincial Prosecutor's Office through the majority members of the panel of prosecutors has not yet resolved the motion for reconsideration dated and filed on Aug. 1.

      If they have been resolved, Bernido said they have neither furnished Dasco nor his counsel a copy of the resolution.

      Bernido also pointed out that there was no preliminary investigation conducted on Dasco prior to the filing of the information for rape with homicide.

      The motion said that without having resolved first the motion for reconsideration or if they have resolved it, they did not furnish Dasco or his counsel a copy, the majority panel of prosecutors "did not only commit grave abuse of discretion but also denied (Dasco) of his constitutional right to due process."

      Bernido pointed out that preliminary investigation is required before an information for an offense where the penalty prescribed by law is at least four years, two months and one day without regard to fine.

      He noted that Dasco is charged with a heinous crime where the penalty prescribed by law is death (although it cannot be imposed now) which is much higher than the imprisonment of four years, two months and one day.

      "There is no question therefore that Dasco should have been afforded a preliminary investigation before the information for Rape with Homicide was filed against him," the motion stressed.

      In filing the motion to recall information, Bernido said the right to have a preliminary investigation conducted before being bound over to trial and formally at risk of information "is not a mere formal or technical right".

      The lawyer stressed that "it is a substantive right".

      "To deny petitioner's claim to a preliminary investigation would be to deprive him of the full measure of his right to due process," the motion noted.

Popular posts from this blog

Panglao Bohol International Airport Update

The Department of Transportation and Communication (DOTC) has endorsed Gov. Erico Aumentado's request to frontload the 2010 budget for the Panglao Bohol International Airport to 2009.
  In a letter to Budget and Management Secretary Rolando Andaya, DOTC Secretary Leandro Mendoza favorably endorsed Aumentado's request seeking the frontloading, citing among other reasons, that 2010 is an election year.
  As such, Aumentado had explained, Congress might not be able to approve on time the calendar year 2010 General Appropriations Act (GAA), giving the country no other choice but to operate on a reenacted budget.
  A reenacted budget would jeopardize the airport project, the governor pointed out, because the 2009 budget carries only P307.5 million for the airport. The balance of the amount that President Gloria Macapagal-Arroyo earlier approved for DOTC to come up with stands at P690,971,398 for a total allocation needed of P998,471,398.
  The Manila International Airport Authority (MI…

Bohol Tourist Spots - Bohol Attractions

Heading east from Tagbilaran along the south coast takes you first to the coastal fishing town of BOOL , 5km away. Said to be the oldest settlement on the island, it's also the site of the  Blood Compact Site, marked by an attractive bronze sculpture on the seafront. This is the spot where local chieftain Rajah Sikatuna and Miguel Lopez de Legazpi concluded an early round of Philippine–Spanish hostili-ties in 1565 by signing a compact in blood. Every year for one week in July, Boholanos gather in Bool for the  Sandugo  (One Blood)  festival  which, apart from the usual beauty pageants and roast pigs, includes a passionate re-enactment of the blood ceremony.
About 2km east of Bool, BACLAYON  is the site of  Baclayon Church, the oldest stone church in the Philippines. Much of the existing facade was added by the Augustinian Recollects in the nineteenth century, but the rest dates back to 1595 and was declared a national historical landmark in 1995. The church's convent has been t…

Muslims in Bohol Philippines

The Muslim communities scattered all over Bohol stood us one Friday to make an unfavorable position of the hasty agreement defining the so-called ancestral domain of the Bangsamoro people.The ethnic leaders assembled Friday at Camp Dagohoy to witness the blessing and inauguration of the  new police center catering to Muslim issues and concerns. It is called Sala'am Center.It was an opportune time for the Post to get the reaction of the Muslim leaders given the combustible issue of a peace agreement between the government and the Moro Islam Liberation Front (MILF) now catching fire from all segments of Philippine society.The government and the MILF on Tuesday were set to sign a memorandum of agreement on ancestral domain following 10 years of off-and-on negotiations. But the Supreme Court stopped the ceremony after local Mindanao officials protested the inclusion of their areas in an expanded Moro homeland without consultations.Critics said the broad economic and po…