The Department of Justice (DOJ) can conduct another preliminary investigation on the kidnapping and serious illegal detention charges against Dr. Natividad “Naty” Castro to correct accusations that she was denied due process, Justice Secretary Menardo I. Guevarra said on Thursday, March 31.
This was pointed out by Guevarra during the “Laging Handa” public briefing on Thursday, March 31, after learning that Acting Presiding Judge Fernando Fudalan Jr. of regional trial court (RTC) of Bayugan City, Agusan del Sur dismissed the charges against Castro who was one of about 300 accused in the alleged kidnapping and illegal detention of a member of the Citizen Armed Force Geographical Unit (CAFGU) in December 2018.
In his ruling, Judge Fudalan said Castro was denied due process when the prosecutors failed to send her notices on the conduct of preliminary investigation.
“Kung talagang di nabigyan ng pagkakataon si Doktora na mag-submit ng kanyang counter-affidavit at hindi siya nabigyan ng due process, yan naman ay hindi magtatapos sa ganun (If she was not given the chance to submit her counter-affidavit during the preliminary investigation to refute the allegations, it does not mean it can just end there),” Guevarra said.
“Pwe-pwede naman ulitin ng Department of Justice yung preliminary investigation para naman siya ay mabigyan ng pagkakataon na ipakita na wala namang probable cause against her for the charges na ni-lodged against her (The DOJ can conduct another preliminary investigation so she can be given the opportunity to show that there is no probable cause against her concerning the charges that were lodged against her),” he said.
Guevarra pointed out that the conduct of another preliminary investigation cannot be considered a violation of the double jeopardy rule prescribed in the Constitution.
Double jeopardy “is the constitutional right of an accused in a criminal case against being prosecuted for the same offense for which he or she has been either previously acquitted or convicted.”
“Hindi pa sya binabasahan ng demanda, hindi pa sya nag-plead ng guilty or not guilty. At hindi pa naman nag-trial on the merits (She has not been arraigned to plead guilty or not guilty. And the trial on the merits has not even started),” Guevarra said.
“Kung sakaling totoo na meron lapses somewhere, yan naman ay pwede pang i-correct para mabigyan ng opportunity ang law enforcement agents or prosecutors na ituwid kung ano man ang hindi tama sa nangyari before (If there have been lapses it can be corrected to give law enforcers or prosecutors the chance to correct what was perceived to be wrong),” he pointed out.