MANILA, Philippines – The lawyer of the driver in the accident which killed a school boy said he would not oppose moves to have a hold departure order issued against his client.
Lawyer Roland Villones said he was confident that Ma. Theresa Songco Torres would face trial and not try to flee the country.
“We have no objection to the complainant's motion for an HDO. Ms Torres has no intention to flee the country. If she has to travel overseas, she will ask permission from the court,” he added.
In an interview with reporters yesterday, Villones claimed that the motion of the Amiel Alcantara’s family to have the cases brought back to the city prosecutor’s office for another investigation had no ground.
“We think there should be no preliminary investigation. The private complainant is not given right for another preliminary investigation, only the right to appeal if they don't agree with the findings of the prosecutor,” he said.
Both lawyers for Torres and Jose Alcantara, father of 10-year- old Amiel, appeared in court for a hearing on the motions filed by both camps – the motion for the HDO and another to upgrade the charges to homicide, and Torres's motion to quash the criminal information against her.
Judge Angelene Quimpo-Sale of Quezon City Regional Trial Court Branch 106 did not allow reporters inside the courtroom as her sala was a family court.
In Friday’s hearing, Sale gave both camps five days to file their comments on each other's motions. The motions will be then submitted for resolution before the rescheduled arraignment on May 29.
Meanwhile, Alcantara called on the Ateneo Grade School to come up with “a more comprehensive plan” on their traffic and parking policies.
Julian Carlo, or Amiel, was killed on February 24 after Torres' van allegedly ran him over at the school's parking lot, while his nanny, Tata Suarez, suffered injuries.
“We want to see a pro-active move on the part of Ateneo to ensure the safety of students with their traffic and parking policies,” said businessman Jose Alcantara.
He pointed out that school would soon start in June and that the school must look beyond the tragedy and come up with concrete measures to avoid a repeat of the accident.
“We don't want to see just ‘band-aid’ solutions or knee jerk reactions,” the father said, adding that he and other parents are willing to sit down with school officials to come up with a traffic plan.
In particular, Alcantara's lawyers pointed to the lack of crossing guards, a sidewalk for the school boys, and the narrow parking slots at the Ateneo Grade School.
However, Rafael Aquino, one of the lawyers, said the legal team was convinced that the Ateneo Grade School still has a legal responsibility in the incident.
“We all know the affection the Alcantaras have for Ateneo and its community. But the legal team thinks that the school must act to have a comprehensive plan. We will be exploring all angles, including legal actions,” he explained.
He added: “Hindi gagalaw ng basta basta ang pamilya Alcantara dahil nakita naman natin ang giliw nila para sa Ateneo [The Alcantaras will not just take action because we can see their fondness for the Ateneo].”
Alcantara said he wished to see comprehensive changes in the school's parking plan in 30 days or before classes resumed in June.
Aquino pointed out that part of the contract the family signed with the school was to ensure the safety of the children while on school grounds.
“No one should say that Ateneo has no responsibility for this. Hindi pwede magtagal ang ganitong sitwasyon na walang nangyayaring malalim na reporma sa traffic [A situation like this – not having reforms in traffic – should not last long],” the lawyer added.
He also brushed off allegations that the family wanted to see Torres in jail for Amiel's death.
“This is a crusade against reckless drivers out there in the streets who have no respect for life,” Aquino said.