MANILA, Philippines—Former Mayor Samer Uy of Datu Piang, Maguindanao, has asked the Cotabato City Regional Trial Court to order a reinvestigation of a multiple murder case in which he is implicated.
In his 21-page memorandum, Uy also asked the court to recall the warrant of arrest it had issued against him.
He said a reinvestigation was necessary because the case against him was filed by Maguindanao Provincial Prosecutor Rodolfo Yanson without conducting a preliminary investigation
The charges for multiple murder stemmed from a revived case filed by private complainant Penengkong Abdulrasid in January 2012. Uy’s co-respondents include Sukarno Tapaya Uspo, Ben Carandang, Sherhan Uy, Musib Tan and Mike Brando.
“The case filed by the complainant in 2012 is similar to the one filed way back in 2010,” Uy said. “That 2010 case had been dismissed by the Cotabato City RTC Branch 13 for lack of probable cause. The information for that case was also filed by Prosecutor Yanson.”
In his memorandum, Uy pointed out that Yanson immediately filed an information against them before the Cotabato RTC without allowing them sufficient time to submit their counter-affidavits, in violation of their right to due process.
“[T]he Honorable Public Prosecutor disregarded the rights of herein accused to file their counter-affidavits, right to the due process of law and equal protection of the law,” Uy said in the memorandum. “Without waiting for the counter-affidavits of herein accused and other accused, the Honorable Public Prosecutor unduly abridged in haste the conduct of preliminary investigation in favor of the private complainant.”
Uy also noted in his memorandum that on February 13, 2012, Yanson issued a subpoena directing them to file their counter-affidavits within 10 days from receipt, without conducting the requisite hearing for the purpose. The respondents asked for an extension to file their counter-affidavits, but Yanson allegedly did not act on their motion and instead filed the information for multiple murder.