Noel Orate Sr., slain former lover of ex-congresswoman Nanette Castelo-Daza, is laid to rest at the Loyola Memorial Park in Marikina on Sunday, Feb. 19, 2012. Shown mourning are his children (from left) Noelleen, Noel Rose and eldest son Noel Orate Jr. Orate's self-confessed killer, Bulacan provincial board member Allan Robes, invoked self- defense. INQUIRER PHOTO/MARIANNE BERMUDEZ
MANILA, Philippines—A prosecutor in the Noel Orate Sr. slay case has asked a Quezon City court to set aside the arraignment of former congresswoman Nanette Castelo-Daza’s son-in-law on a charge of homicide because of a pending appeal at the Department of Justice asking that the charge be elevated to murder.
Private prosecutor Eduardo Bringas also sought the court to reset the arraignment of Romeo Allan Robes, possibly on the more serious charge, at least 60 days after April 20 in compliance with the rules on court procedure.
The lawyer, representing the Orates, filed a motion for reconsideration by Judge Luis Zenon Maceren of Regional Trial Court Branch 218 of his earlier decision to arraign Robes on the lesser charge of homicide.
Citing two Supreme Court rulings, Bringas claimed that the trial court “hastily arraigned” Robes two weeks ago despite the pending appeal to Justice Secretary Leila de Lima. This, he added, constituted “grave abuse of discretion amounting to lack of jurisdiction.”
Robes, a Bulacan provincial board member, is Daza’s son-in-law.
Last April 23, he pleaded not guilty to a charge of homicide for shooting Orate, Daza’s former boyfriend, on February 10.
This was after the DOJ released the results of its reinvestigation, indicting him on a charge of homicide, which the Orate lawyer received on April 18.
In his motion for reconsideration, Bringas said he filed a petition for review with Justice Secretary Leila de Lima on April 20. A copy of the petition was forwarded to the court the same day but the judge proceeded with the arraignment on April 23 over Bringas’ objection.
The Daza camp had invoked self-defense for Robes’ actions, claiming that Orate had tried to harm them.
However, the victim’s children alleged that their father was murdered in the Daza household, pointing out that he sustained five gunshot wounds.