Ozamiz Vice Mayor Nova Princess Parojinog with her father, the late Mayor Reynaldo Parojinog Sr. (Photo from the mayor’s Facebook account)
The lawyer of Ozamiz City Vice Mayor Nova Princess Parojinog will demand her release after the police failed to file a criminal complaint against her within the prescribed period.
“Ayon sa batas, dapat i-charge mo [Under the law, you have to file charges] within 36 hours otherwise she should be set free. So we will demand that,” Ferdinand Topacio, the vice mayor’s lawyer, told reporters at the Department of Justice (DOJ).
Topacio arrived at the DOJ expecting that the vice mayor, and her brother Reynaldo Parojinog Jr., would undergo inquest proceedings.
An inquest is conducted when the suspect has been arrested without warrant. The suspects will be informed of the allegations against them and they will have the option to sign a waiver of detention under Article 125 of the Revised Penal Code and undergo a preliminary investigation.
Article 125 provides for the period where a suspect has to be delivered to proper judicial authorities – 12 hours for crimes or offenses punishable by light penalties, or their equivalent; 18 hours for crimes or offenses punishable by correctional penalties, or their equivalent; and 36 hours for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.
Topacio said that, based on his information, the arrest was made by the authorities at 6 a.m. Sunday and counting the 36 hours would mean 6 p.m. of Monday, July 31.
READ: Death came for Parojinogs: What neighbors heard
However, the Philippine National Police (PNP) requested the Office of the Prosecutor General that the inquest be conducted in Camp Crame on Tuesday at 1 p.m.
Topacio said he would raise the issue before the police as he pointed that the lapse of the 36 hours without charges being filed would mean arbitrary detention.
“We can also file a petition for habeas corpus,” he added.
But Topacio said he would still need to confirm if the arrest was made at 6 a.m. last Sunday.
“That is why we are asking for a copy of the search warrant, the affidavit of arrest but they [the police] has not yet given us any of the documents that we have been asking,” Topacio said.
Authorities said they were met with a volley of fire as they were about to serve the search warrant on Sunday at around 2 a.m.
Topacio explained that, as a general rule, a warrant must be served during day time. To be exempt from this rule, it has to be indicated that the property is on the person or the accused.
“We have been requesting for a copy of that search warrant,” Topacio told reporters.
The vice mayor and her brother were flown to Manila from Ozamiz Monday morning. /atm