By Minka Klaudia Tiangco
The Malabon City Regional Trial Court (RTC) denied the Motion for Reconsideration of the kin of Ruby Rose Barrameda that sought to reconsider the court's dismissal of the parricide case against the victim's father-in-law for lack of probable cause.
In an order dated December 11, Malabon City RTC Branch 170 Judge Zaldy Docena said the Barramedas' motion lacked merit.
“In view of all the foregoing, and finding the urgent motion for reconsideration with prayer for inhibition filed by the private complainant, through counsel (with the conformity of the Public Prosecutor), to be lacking in merit, the same is hereby denied,” the order read in part.
Docena denied all of the prosecution's “gratuitous assertions” in their motion.
In their motion, the prosecution accused the court of making both an error in judgment and jurisdiction in dismissing the case.
The prosecution also made several other allegations, including claims the court “disrespected and interfered in the prosecution's find of probable cause.”
The court should have also applied the Sheldon and Estrada doctrines instead of Yadao, which reportedly failed to discuss the parameters of the judge's power regarding the option to dismiss the indictment upon finding no probable cause to support it, the prosecution alleged.
“With a fresh perspective in resolving this MR by and coming from one who has heard many and long testimonies of the prosecution witnesses, including that of the erstwhile discharged state witness Montero, the undersigned (regular Presiding Judge of this branch of RTC Malabon) firmly believes that neither error of judgment nor of jurisdiction – and not even grave abuse of discretion, has attended the dismissal of the instant case as against said accused Manuel Jimenez III,” Docena said.
Docena reiterated that since Manuel Montero, who claimed to be an eyewitness to the crime, recanted his statements and disappeared before the trial was over, the prosecution lacked evidence to indict those who were accused.
The Malabon RTC also ordered the cancellation of the arrest warrants of Lope Jimenez, Barrameda's uncle-in-law, and Ereneo D. Fernandez, the Jimenezes driver.
Ruby Rose, sister of former beauty queen and actress Rochelle Barrameda, went missing in March 2007 after she went to the Jimenezes' residence to visit her children.
Two years later, Montero pointed police to an area in Navotas City waters where Ruby Rose's body was reportedly dumped. Her corpse was stuffed inside a steel drum that was put inside a steel casing filled with cement. He pointed to the Jimenezes as the ones who were behind the grisly crime.
Charges of parricide and murder were filed against the accused, but in an order dated July 10, Larida ruled that there was a “dearth of evidence on record” after Montero, the sole witness, recanted his statements and disappeared in 2013.