John Paul Solano, a suspect in the death of University of Santo Tomas law student Horacio Tomas “Atio” Castillo III. TETCH TORRES-TUPAS/INQUIRER.net
One of the suspects in the death of University of Santo Tomas (UST) freshman law student Horacio Tomas “Atio” Castillo III has asked the Department of Justice (DOJ) to dismiss the criminal complaint filed against him and order his immediate release.
In a four page Omnibus Motion filed on Monday, John Paul Solano, through his lawyer Paterno L. Esmaquel, said the complaint of murder, obstruction of justice, perjury, robbery and violation of the Anti-Hazing Law that was filed against him is not appropriate.
According to Esmaquel, there is no complex crime of murder and violation of the Anti-Hazing Law.
“Sad to say, there can be no complex crime if one offense is punished by a special law [such as the Anti-Hazing Law] since both offenses must be defined and punished by the same statute,” Esmaquel said.
“There being no complex crime of murder and violation of the Anti-Hazing Law, then there exist no offense charged in the instant case which thereby warrants its outright dismissal,” he added.
He further said that Solano also cannot undergo inquest proceeding because he was not arrested by virtue of a warrant of arrest.
“He voluntarily surrendered and in fact, it was the police who prepared the affidavit of voluntary surrender,” Esmaquel told reporters.
Because of these, Esmaquel stressed that the DOJ should immediately order for his client’s release. Solano is currently detained at the Manila Police District (MPD) after he surrendered last Friday.
Esmaquel assured that Solano has committed to appear voluntarily in the preliminary investigations.
“Should he fail to appear, then he shall be considered to have waived, forfeited his right to preliminary investigation…We are just exercising the constitutional and statutory rights of Mr. Solano. I’m just wondering why they are in a hurry to file the complaint. It’s still there, you read the omnibus motion,” Esmaquel said.
The DOJ has yet to resolve the Omnibus Motion. /kga