In a three-page notice of resolution, the high court’s second division ordered the Basco, Batanes Regional Trial Court Branch 13 to forward records of the case to the Executive Judge of the Manila Regional Trial Court.
The high court also ordered the Executive Judge of Manila to immediately raffle off the case who would “hear, try and decide the case with dispatch.”
The high court took into consideration the arguments raised by the accused that the continued hearings in Batanes “would be burdensome not only for the accused but also for the prosecution.”
It cited the need to transport respective evidence and witnesses of parties from Manila to Batanes during hearings.
“The prosecution also would have to bring to the Philippines some of their witnesses from Taiwan and Indonesia at the expense of the Philippine government, and considering further that this is especially a sensitive matter as this case would affect the relations of the Philippines with the Republic of Taiwan,” the high court stressed.
Petitioners include Seaman 2nd class (SN2) Nicky Reynold Aurellio, SN1Edrando Quiapo Aguila, SN1 Mhelvyn Aguilar Bendo III, PO2 Richard Fernandez Corpuz, SN1 Andy Gibb Ronario Golfo, SN1 Sunny Galang Masangkay and SN1 Henry Baco Solomon. They were charged in court with Commanding Officer Arnold Enriquez de la Cruz for the fatal shooting of the Taiwanese fisherman.
The case stemmed when the PCG personnel on board a vessel of the BFAR patrolling off the coast of Balintang Channel they intercepted the Taiwanese fishing vessel allegedly poaching.
After a brief sea chase, they fired at the fishing vessel, killing the Taiwanese fisherman.
In recommending the filing of the charges, the Department of Justice dismissed the claim of the respondents that they were forced to fire at the Taiwanese fishing vessel after it tried to ram the BFAR ship.
The DOJ also said they found no evidence to indicate or to prove that the Taiwanese fishing vessel posed an imminent or grave danger to the respondents before and during the pursuit.
The DOJ panel also said the claim of self-defense by the respondents should be better left threshed out in the trial court, during a full-blown hearing.
The incident sparked tension between the Philippines and Taiwan.