The two alleged members of a Mindanao-based robbery group entered a plea of not guilty in relation to the armored van heist at Robinsons Place in Cebu City last year.
Wearing bullet-proof vests, the suspected gang leader Junjun Cabando and his alleged cohort Rolien Castro were arraigned on charges of robbery with homicide before Regional Trial Court Judge Wilfredo Navarro of Branch 19 yesterday morning.
Cabando’s live-in partner Merly Laguitao sought for the dismissal of the charges filed against her in court since she did not undergo preliminary investigation before the prosecutors’ office.
Laguitao’s name was not mentioned in the case elevated in court although the prosecutor later referred to her as one of the unidentified cohorts of Cabando.
The judge gave Asst. City Prosecutor Aida Sanchez 10 days to file her comment or opposition on the pleadings filed by Laguitao’s lawyer Brian Bantilan.
Bantilan also verbally requested the court to allow Laguitao to post bail although the charges against her is a non-bailable offense.
The defense lawyer said her client is four months pregnant and needs to be released from prison.
The law allows an accused to post bail on a non-bailable offense if the evidence presented by the prosecution is “not strong.”
Prosecutor Sanchez said they intend to present at least 20 witnesses against the three accused.
Cabando and Laguitao were represented by Bantilan while Castro was assisted by lawyer Rameses Villagonzalo.
Villagonzalo requested the court to conduct marathon hearings to expedite the resolution of the case.
But the judge didn’t give a definite answer to Villagonzalo’s plea.
“Don’t think that the court will sit on the case,” the judge said.
The pre-trial conference on the case is set on Oct. 2.
Cabando was accused of taking the money bag from an employee of China Bank teller Lewin Surig who delivered money to MS Money Changer last Sept. 5, 2011.
About P1.2-million cash was delivered in an armored van to a money changer outlet in the basement of Robinsons Place.
Surig was shot in the leg while two security guards—Lito Odag and Leofer Etac—were shot dead by the robbers.
A police patrol vehicle on the way to the Palace of Justice responded to the shooting alarm and surprised the robbers.
Police killed three robbers in the shootout as they were about to flee.
Cabando, who was shot in the buttocks, was able to ride a taxi and escape.
Two policemen, PO1 Elrich Jourdin Catacutan and PO1 Roy Ceniza, were wounded in the shootout.
Cabando, Laguitao, and Castro were arrested by police last month.
Laguitao is facing another case for obstruction of justice after she allegedly treated a wounded Cabando and helped him escape to Mindanao.