Prosecutor’s finding that an arrest was invalid can’t be reversed, says camp of Silawan murder suspect

Lawyer Vincent Isles, legal counsel of the suspect in the killing of Christine Lee Silawan. | File Photo

CEBU CITY, Philippines— Despite the president’s orders for the rearrest of the 17-year-old suspect in the killing of Christine Lee Silawan, the defense counsel maintains that the boy cannot be arrested without following proper court procedures. 

Lawyer Vincent Isles, legal counsel of the suspect, said based on the rules of court, there could not be a motion for reconsideration to revert the prosecutor’s finding that a suspect’s arrest was invalid.

Read more: Duterte orders re-arrest of suspect in Christine Silawan killing

“That is in the same way that there could not be a motion for reconsideration had the prosecutor found that there is basis for the arrest,” Isles said in a phone interview with CDN  Digital.

Isles added that while it is the president’s duty to make sure that the law enforcers are focused on the right cases, they still hope that due process is still observed.

Read more: Release of Silawan slay suspect has no bearing on the murder rap lodged against him, says Isles

“As the chief enforcer of the law, it is his duty to make sure that we focus on a certain case. What we just hope is that in the process, we still give respect to human rights, observe due process and uphold the presumption of innocence,” Isles said.

Read more: Suspect in the Christine Silawan murder released

In a speech during a campaign sortie in South Cotabato on Tuesday night, the president revealed that he called up the prosecutor in Lapu-Lapu City and ordered the latter to recall the release of the boy suspect.

The suspect, a minor, was released on Saturday, March 23, 2019, almost the same time that Silawan was being laid to rest, after the prosecutor ruled that his arrest did not fall under hot pursuit. /bmjo