Fiscals throw the book: No suspect, no inquest
PROSECUTORS yesterday rejected the charge sheet filed by the police against the suspect in the killing of PO2 Gerlito Estremos.
Police yesterday went to the Cebu City Prosecutors’ Office yesterday afternoon to file a complaint for murder against Ian Canseco, but the prosecutors refused to docket the case for inquest as they did not present the suspect.
Prosecutor Nicolas Sellon said they are prohibited from conducting inquest proceedings without the presence of the suspect. Canseco wasn’t around during the supposed filing of the charges against him yesterday.
Police said Canseco was taken to a hospital for medical examination.
Judge Samuel Malazarte of Cebu City RTC Branch 15 ordered the police to immediately transfer Canseco to the Cebu City Jail after the warrant of arrest issued against the suspect for another case was returned to the court. Canseco had a standing arrest warrant issued by Malazarte for possession of illegal drugs.
The drug case earlier filed against Canseco before Malazarte is a bailable offense.
Canseco was arrested last Monday for killing Estremos. But the police likewise served the arrest warrant that was earlier issued by Malazarte.
Sellon said Estremos should be presented to the Cebu City Prosecutors’ Office if the police intend to have him undergo an inquest proceeding, a mandatory procedure the following an arrest.
“The living body of the arrested person should be present during the inquest proceeding. If the suspect is not here, then we will not accept the complaint,” he said.
He explained that the required presence of the accused during an inquest proceeding can be dispensed with only if the suspect is confined in a hospital.
Police said they will come back today to file the case.
