Court resets Lim’s arraignment anew
The Regional Trial Court has deferred the arraignment of a suspect in a road rage incident in Cebu City until next year because of a pending petition for review before the Department of Justice.
RTC Judge Alexander Acosta granted the motion filed by David Lim Jr. seeking to suspend his arraignment until the DOJ ruled on his petition.
Lim is questioning the separate indictment for illegal possession of ammunition filed against him by the Cebu City Prosecutor’s Office. Lim said the case should have been absorbed already in the frustrated homicide filed against him for allegedly shooting a nurse in Barangay Kamputhaw on March 19 in the middle of a traffic altercation.
He said that since he was charged with frustrated homicide, illegal possession of ammunition should have been absorbed already.
“Respondent-appellant cannot be separately charged with illegal possession of ammunition under Republic Act 10591 (Comprehensive Firearms and Ammunition Regulation Act) as he is already charged with frustrated homicide,” Lim’s petition for review reads.
The arraignment was moved on January 25, 2018 at 1:30 p.m.
Lim was accused of shooting Ephraim Nuñal, 33, resident of P. Cañezares Street, Dumlog, Talisay City during a traffic argument. The victim was hit in his right ankle and left thigh.
He pleaded not guilty to the frustrated homicide during the arraignment last August before RTC Branch 5 Judge Ricky Jones Macabaya.