CATANAUAN, Quezon – The provincial prosecutor has recommended destructive arson charges against film director Jade Castro and three others over the recent burning of a modern jeepney here.
READ: https://mb.com.ph/2024/2/1/gunmen-torch-modern-jeep-in-quezon
A FILM director and his three companions face destructive arson charges over the burning of this modern jeep in Quezon recently. (Photo via Danny Estacio)
A 17-page resolution dated February 16 signed by Assistant Prosecutor Liro Roces Muñoz and approved by Provincial Prosecutor Rodrigo E. Domingo recommended the filing of information for destructive arson under Article 320, Paragraph 3, of the Revised Penal Code as amended by Republic Act 7659 against Castro and his companions Ernesto Orcine, Nel Mariano, and Dominic Ramos in a court of competent jurisdiction.
Muñoz said none of the respondents filed their counter-affidavits nor submitted their counter-veiling evidence denying all the allegations against them.
Instead, they filed an entry of acceptance with manifestation and expressly stated through their counsel that they would no longer file their counter-affidavits and submit the case for resolution.
Muñoz added that the respondents were positively identified by witnesses, indicating that police officers have strongly established the probable cause required by the rules based on personal knowledge of facts and circumstances that the person to be arrested has committed the crime.
The respondents also voluntarily signed the waiver (Waiver of Article 125 of the Revised Penal Code) after it was discussed by their lawyer, stating their circumstances and that they would remain in custody.
Muñoz mentioned the possible motives of the respondents in committing the crime. It appeared that the respondents, especially Castro, strongly opposed jeepney modernization, as evidenced by his social media posts, she said.
“Also, these circumstances supported by the positive identification of the eyewitnesses convinced the undersigned that there is a probable cause and reasonably certainty to indict all four respondents for the crime of destructive arson,” Muñoz concluded.
Carmela Peña, one of their legal counsels, said that they will discuss their next step and will file their response on Monday, February 19.
“It was a panel of prosecutors who found probable cause, but you have to remember that probable cause is never a finding of guilt. It’s not saying that these people are guilty," she said.
Free Legal Assistance Group (FLAG) chairperson Chel Diokno expressed hope that they will be released. “The filing of the case in court opens up several avenues for the release of Jade and his companions, including the immediate dismissal of the case for lack of probable cause, release on bail, and quashal of the charge,” Diokno said.
He said that filing the case in court gives additional safeguards to the accused.
“The filing of the case in court also gives Jade and his companions additional safeguards. As the accused in a court of law, they can now assert their rights to a fair and speedy trial, to be presumed innocent, and other rights that protect ordinary people like Jade from vexatious and arbitrary prosecution. We will do whatever it takes within the law to set them free.”