Gov’t files MR on Sulpicio case
Fair play dictates that these rules must not be set aside and reduced to a mere ceremony to the prejudice of the people.
After the Manila Regional Trial Court (RTC) granted the demurrer to evidence effectively dismissing the case against Sulpicio Lines Executive Edgar Go of the sunken Princess of the Stars that resulted to several deaths and injuries, the government filed a motion for reconsideration (MR) on behalf of the victims of families before the Manila RTC.
The Department of Justice (DoJ) Prosecution Panel led by Senior Assistant State Prosecutor Hazel Decena-Valdez filed the MR in connection with the order of Manila RTC Judge Branch 54 granting the demurrer to evidence filed by Go, a document that challenges the evidence presented by the prosecution effectively dismissing the case against him.
The DoJ panel of prosecutors filed the MR to challenge the Manila RTC order dated 18 November 2021 that took the case against Go.
“The undersigned Panel of State Prosecutors of the Department of Justice, with leave of court, in the interest of substantial justice and fair play, by way of Motion for Reconsideration,” the 17-page motion stated.
Chance to comment
It said that on 23 November 2021, state prosecutors received through electronic mail a copy of the order of the court granting the demurrer to evidence of Go.
The MR argued the prosecution was not given the chance to file its comment or opposition to demurrer to evidence filed by Go as the prosecution received the hard copy only on 16 November 2021, two days before the order of the court granting the demurrer to evidence filed by the accused.
The panel of prosecutors also argued that Rule 119, Section 23 of the Revised Rules of Criminal Procedure gives the prosecution ten days from 16 November 2021 to file their Comment or Opposition to the Demurrer to Evidence filed by the accused.
But the 18 November order was electronically sent to the prosecution on 23 November 2021, three days earlier than the supposed tenth day provided under the rules, for the prosecution to file their comment or opposition, thus the prosecution was not given ample time to file its comment/opposition within the allowed period based on the rules.
The prosecution said fair play dictates that these rules must not be set aside and reduced to a mere ceremony to the prejudice of the people, who are still yearning for justice for the loss of their loved ones for more than 13 years.
The Public Attorney’s Office under Persida Rueda Acosta, in a statement, said that the prosecution has “overwhelming evidence” against Go, saying that he has authority and duty to control the ill-fated ship that capsized in June 2008 due to typhoon “Frank,” claiming the lives of 851 passengers.
Acosta said the prosecution has overwhelming evidence that Go possesses the power, authority and the duty to control and decide matters pertaining to the vessel’s navigation at sea at that time to no avail.
Relatives of the victims vowed to pursue the case and be part of those who signed the MR.