CEBU CITY, Philippines —Presiding Judge Ma. Lynna Adviento of Regional Trial Court Branch 58 in Cebu City has denied the petition of the Bacaltos family to reinvestigate the homicide charge filed against Vincent Navales.
Adviento, in her order dated April 26, 2019, said the decision came after finding “procedural infirmities” in the petition filed by Alma Bacaltos.
“In the present case, the private complainant filed the motion for reinvestigation without first filing the motion for leave of court. With foregoing procedural infirmities, the court finds it unnecessary to delve on the other arguments filed by the private complainant,” the order reads.
READ: Cebu City prosecutor downgrades to homicide case vs suspect in family feud shooting in Sambag I
The judge also cited that for the court to grant the motion for reinvestigation, the complainant should have secured the conformity of the public prosecutor.
“Here, not only did the private complainant fail to secure the conformity of the public prosecutor, the latter also opposes the motion as above-discussed,” Judge Adviento wrote.
Read more: Three dead as two former friends’ feud leads to shooting incident in Sambag 1
Navales is facing homicide charges over the bloody altercation between their group and some members of the Bacaltos family in front of the latter’s residence in Barangay Sambag 1 on January 21,2019, a day after Sinulog.
The incident led to the death of the Edwin Bacaltos, Shaun Bacaltos, and Navales’ younger brother, Vanzant Navales.
Read more: Police to file cases against Navales’ three companions
Michael Bacaltos, Shaun’s elder brother, is also facing homicide charges for the death of Vanzant.
“This is consistent with the fact that Vincent Navales only went after his younger brother Vanzant to pacify the latter when Vanzant went to the Bacaltos’ residence to confront Michael Bacaltos,” said lawyer Amando Virgil Ligutan, Navales’ legal counsel.
Read more: Charges against Michael Bacaltos downgraded to homicide and attempted homicide
The homicide case against Navales is now pending before the court. /bmjo