Road rage suspect David Lim Jr. leaves the courtroom with his lawyer, Gilbert Viloria, after his arraignment was moved to a later date by RTC Judge Ricky Jones Macabaya who ordered Cebu City prosecutors to first conduct a preliminary investigation of the case.
CDN PHOTO/JUNJIE MENDOZA
A trial judge in Cebu City has remanded to the Cebu City Prosecutor’s Office the frustrated homicide case against Cebu road rage suspect David Lim Jr.
In a June 14 order, Judge Ricky Jones Macabaya of the Regional Trial Court (RTC) Branch 5 in Cebu City granted Lim’s request to refer the case back to the prosecutors for him to answer the accusations through the conduct of a preliminary investigation.
“Considering that the motion was filed within the reglementary period under Section 7, Rule 112 of the Rules of Court…, the court finds the motion meritorious and grants the same in the interest of substantial justice,” Macabaya said.
Macabaya directed the Cebu City Prosecutor’s Office to conduct a preliminary investigation of the case and to submit its report within 30 days from receipt of the order.
While an investigation is being done by the prosecutors, the judge suspended Lim’s arraignment which was scheduled on Tuesday, June 20, and reset it to August 15.
The other case for illegal possession of ammunition filed against Lim was also earlier remanded to the Prosecutor’s Office by Judge Alexander Acosta of RTC Branch 9.
The camps of Lim and the complainant did not have an idea about the suspension of the court proceedings as Lim went to RTC Branch 5 for his supposed arraignment on Tuesday.
The proceedings did not push through.
Aside from remanding the case to the Prosecutor’s Office, Macabaya, who was attending a seminar for judges in Tagaytay City, was also not around.
Lim and his lawyer Gilbert Viloria refused to issue any statement to the media.
Lawyer Mundlyn Misal-Martin, the counsel of complainant Ephraim Nuñal, said they will file the necessary comments to the court in relation to the order mandating the Prosecutor’s Office to conduct a preliminary investigation on the case.
Nuñal sustained gunshot wounds on his left thigh and right ankle after he was allegedly shot by Lim during a traffic altercation on F. Sotto Street, Barangay Kamputhaw in Cebu City at about 3 a.m. last March 19.
Nuñal, a nurse, spent about two months at a hospital to recuperate before he was eventually discharged last May 26.
His cousin, Jocelyn Atis, said the family spent not less than P400,000 in hospitalization expenses.
She said they were grateful to Cebu City Mayor Tomas Osmeña for supporting the family, including their financial needs.
“Although he (Nuñal) can now slowly walk, he continues to undergo physical rehabilitation,” Atis said.
Lim appeared at the regional police last March 21 after Secretary Bong Go, special assistant to President Duterte, facilitated what police described as a “surrender.”
But in a pleading filed in court, Lim’s lawyer said the accused voluntarily presented himself to the police only for safekeeping amid reports that he was being hunted down by authorities.
Lim was surprised when he was detained “against his will.”
Lim’s camp eventually asked the court to remand the case to the Prosecutor’s Office for further investigation.
The prosecution, for its part, argued that the Prosecutor’s Office had conducted an inquest proceeding, a mandatory procedure following an arrest.
The accused, Martin said, was given the opportunity to avail of a preliminary investigation so he can submit his counter-affidavit and refute the allegations hurled against him.
However, Lim opted not to file a counter-affidavit and instead requested the prosecutor to file the case in court, Martin added.
After spending two nights in jail last March, Lim was released from detention after posting a P144,000 bail to secure temporary liberty pending the resolution of the charges filed against him.