Funeral parlor owner Gerardo Santiago. INQUIRER FILE PHOTO/MARIANNE BERMUDEZ
The Department of Justice (DOJ) has dismissed the bid of funeral home owner Gerardo “Ding” Santiago to be excluded from the criminal case filed for the kidnapping and killing of South Korean businessman Jee Ick-Joo.
In a three-page resolution released Wednesday, the DOJ, through Justice Undersecretary Raymund L. Mecate dismissed the petition for review filed by Santiago for failure to comply with the requirements on appeal.
Under Section 12 (b) of Department Circular No. 70 dated July 3, 2000 or the National Prosecution Service Rule on Appeal, a petition for review may be dismissed for failure to comply with the following requirements:
– Petition was filed out of time or beyond the 15-day reglementary period;
– No duplicate original or certified true copies of the questioned joint resolutions have been attached;
– No proof of service of copy of the petition to the Prosecutor General, and;
– No copies of the complaint-affidavit, counter-affidavit and other evidence submitted by the parties during the preliminary investigation.
In this case, the petition for review filed by Santiago, according to the DOJ was filed beyond the 15 day period—he filed his petition for review on July 5, 2017, a day late because the 15-day deadline from June 20, 2017 when he received the resolution was July 4.
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The resolution added that no duplicate original or certified true copy of the questioned resolution has been attached to his petition for review. There was also no proof that he provided the Prosecutor General a copy of his petition.
“The right to appeal is neither a natural right and it is not part of due process. It is merely a statutory privilege, and may be exercised only in accordance with the law,” the DOJ said.
“The party who seeks to avail of the same must comply with the requirements of the Rules. Failing to do so, the right to appeal is lost,” the DOJ added.
Santiago has been indicted as an accessory to the kidnapping and killing of Jee. He owns the Gream funeral parlor where Jee’s body was cremated.
Named principal accused to the case are Superintendent Rafael Dumlao III, former official of the Philippine National Police Anti-Illegal Drugs Group (AIDG); Jerry Omlang, a striker or errand boy in the National Bureau of Investigation who surrendered and confessed to his participation in the crime, Senior Police Officer 2 Ricky Sta. Isabel and Senior Police Officer 4 Roy Villegas.
The case is now undergoing trial before the Angeles City Regional Trial Court. IDL