Road rage shooting suspect charged, freed after posting P144K bail

By: Ador Vincent S. Mayol March 23,2017 - 07:29 PM

David Lim Jr. drinks a bottle of water as he walks freely out from the Hall of Justine in Cebu City. (CDN PHOTO/JUNJIE MENDOZA)

David Lim Jr. drinks a bottle of water as he walks freely out from the Hall of Justine in Cebu City. (CDN PHOTO/JUNJIE MENDOZA)

CEBU CITY–Cebuano road rage shooting suspect David Lim Jr. was beaming when he stepped out of the Hall of Justice in Cebu City on Thursday afternoon.

The 28-year-old scion of one of the wealthiest families in Cebu City was released from police custody at 4:35 p.m. on Thursday shortly after he posted a total of P144,000 bail in court to secure temporary liberty pending the resolution of the charges filed against him.

“I would just like to thank everyone who has been there for me, who supported me, who believed in me, and most importantly who prayed for me all this time,” he told reporters in a short interview facilitated by his lawyer.

“I just would like to tell everyone that the truth shall prevail. Thank you very much,” he added without elaborating.

Lim was accompanied by her sister, brother-in-law, and lawyer.

The Cebu City Prosecutors’ Office indicted Lim in relation to the shooting and wounding of nurse Ephraim Nuñal following a traffic altercation along F. Sotto Street in Barangay Kamputhaw, Cebu City last Sunday.

Assistant City Prosecutor Ma. Theresa Casiño found probable cause to charge Lim with frustrated homicide and illegal possession of ammunition at the Regional Trial Court (RTC) and set the bail at P24,000 and P120,000, respectively.

The police originally filed frustrated murder charges against Lim upon the advice of the victim’s lawyer.

But Casiño downgraded the case to frustrated homicide since it was not proven that there was treachery on the part of the accused in shooting Nuñal in the left thigh and right ankle.

“A judicious examination of the evidence at hand would show that there are not sufficient basis to prove the existence of any of the circumstances stated therein (murder case),” said Casiño whose resolution was approved by Cebu City Prosecutor Liceria Lofranco-Rabillas past 11 a.m. on Thursday.

Lawyer Mundlyn Misal-Martin, the counsel of the victim, said they respect Lim’s right to post bail.

“Considering that the accused is now out on bail, he can do whatever he wants. I vehemently request for tighter security for my client as well as for our witnesses.

Hopefully, he will not resort to a more violent act,” she said.

As Lim’s camp was processing his bail, Martin also filed a request before the Bureau of Immigration to put the name of the accused in the derogatory system to alert the police or the National Bureau of Investigation in case the road rage suspect will go out of the country without the court’s permission.

She said they will also file a formal pleading in court for the issuance of a hold departure order against Lim.

“If ever, he wants to go out of the country, he must first ask the permission of the court. Otherwise, he will be arrested by immigration officers,” Martin said.

When Lim went on hiding after the shooting incident, the Department of Justice placed the accused in its lookout bulletin to alert law enforcers in case he was to travel abroad.

Lim’s lawyer Orlando Salatandre assured the court and the public that Lim will not run away from the charges filed against him.

“He will face the cases against him. His family is here, and now that he’s out on bail, there’s no reason to transgress or walk above the law. He has a lawyer. We prepared our defense, and you will see it as the case progresses,” he said.

For now, Salatandre said his client needs a break to give himself a rest after a grueling three-day experience under police custody.

“He needs to take a rest at home. What he underwent was not easy. Of course, to be placed behind bars was something unusual,” he said.

Lim was locked at the Cebu City Police Office stockade around 8 p.m. on Tuesday, 19 hours after he turned himself over to Chief Supt. Noli Taliño, director of the Police Regional Office in Central Visayas (PRO-7) upon the advice of his lawyer and family.

He was brought out of prison around 1 p.m. on Thursday after the prosecutors’ office released its resolution and ordered the filing of the charges against Lim in court.

The case of frustrated homicide and the illegal possession of ammunition against Lim were raffled off to Judges Ricky Jones Macabaya of the RTC Branch 5 and Alexander Acosta of Branch 9 respectively.

Macabaya and Acosta ordered Lim’s release after the latter posted a cash bail bond in court.

Macabaya set the arraignment on Lim’s frustrated homicide case in April 11 while Acosta set the proceedings on the illegal possession of ammunition charge on April 24.

Salatandre said he was contended with the ruling of the prosecutors’ office on Lim’s case.

“We’re happy and thankful. I’m optimistic that this case won’t prosper in court. But it’s not the word that counts but the evidence behind the case,” he said.

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