Scene of the crime operatives process the area where the shooting incident happened in Barangay Sambag 1, which claimed three lives in this January 2019 photo. | CDN Digital file photo
CEBU CITY, Philippines — Another attempt of the family of slain Edwin and Shaun Bacaltos to raise the case of the alleged perpetrator of their deaths, Vincent Navales, from homicide to murder has been denied by a court in Cebu City.
Presiding Judge Ma. Lynna Adviento of the Regional Trial Court (RTC) Branch 58 released a ruling denying the motion for reconsideration of the Bacaltos camp over her ruling on their request for a motion for reinvestigation, which was already denied, on the case against Navales in hopes of raising the charges from homicide to murder.
Read more: Bacaltos family still hoping for justice despite junking of motion for reinvestigation
Initially, the motion for reinvestigation was denied on April 26 after Judge Adviento found “procedural infirmities” in the petition filed by Alma Bacaltos and there was an absence of conformity on the part of the public prosecutor.
Judge Adviento said in her order dated May 17, 2019, that Bacaltos request for a motion for reconsideration could not be approved because it was filed to “cure” the absence of conformity of the public prosecutor when the private complainant argued that the private prosecutors had already obtained an authority to continue to prosecute until the end of the case.
“Also it (Motion for Reconsideration) did not point out specifically the findings or conclusions of the judgement or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions,” ruled Adviento.
Moreover, Judge Adviento also denied the motion for leave of court of the Bacaltos camp, which was necessary to file a legitimate motion for reinvestigation, because Adviento ruled that it was filed to “cure” the deficiency of their previously denied motion for reinvestigation.
The denial of both motions means that Navales may soon be arraigned for homicide and not for murder as what the Bacaltos hopes to have Navales charged with.
Read more: Charges against Michael Bacaltos downgraded to homicide and attempted homicide
“The judge turned down the other camp’s latest attempt to delay the arraignment. This is the latest of procedural blunders by the other side. The Navales camp is happy with this development,” said Lawyer Amando Virgil Ligutan of SALiGAL Law, counsel for the Navales camp.
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 the Sinulog.
The incident led to the death of Edwin Bacaltos, Shaun Bacaltos, and Navales’ younger brother, Vanzant Navales.
Michael Bacaltos, Shaun’s elder brother, is also facing homicide charges for the death of Vanzant.
CDN Digital tried to reach the Bacaltos camp but they did not respond to any queries./dbs