Robbery case vs Jigger Geverola ordered dismissed for lack of sufficient evidence
Jigger Geverola, who was put behind bars for his alleged involvement in a robbery done by armed men in broad daylight along the Colon Street, answers questions from the media as he talks about passing the 2023 Bar Exams. | screengrab from video of Emmariel Ares
CEBU CITY, Philippines – Jigger Geverola is a free man.
This as the Cebu City Prosecutor’s Office ordered dismissed the robbery in band charge that was filed against Geverola, the alleged mastermind of the November 25 robbery of Oro Sugbu Pawnshop in downtown Cebu City, for lack of sufficient evidence.
In a resolution dated December 14, Assistant City Prosecutor Misty Leah Escolar-Hupp also ordered the immediate release of Geverola from detention.
The resolution was approved by Deputy City Prosecutor and Reviewing Officer Maria Luisa Ratilla.
“After a careful evaluation of this case, the undersigned investigating prosecutor finds that the evidences so far gathered by the police and submitted to this Office are not sufficient to establish a reasonable certainty of conviction against respondent Jigger C. Geverola,” part of the resolution read.
However, Escolar-Hupp said that the dismissal of the case should not prejudice the refiling of a similar case against Geverola after the conduct of further case build-up.
Robbery case
Geverola was implicated in the robbery case after his name was mentioned in the Affidavits of Confession that were executed by suspects Jordan Ramos Baquiano and Dann Carlo Flores, who were indicted for robbery in band last December 1.
“Jigger has assailed the validity of the Extra Judicial Confession. He has asserted that they have nil evidentiary value as they were not subscribed and sworn to before a prosecutor or government official authorized to administer oath and there is no evidence to show that the lawyer who assisted the two confessants exercised vigilance in informing them of the their fundamental rights,” Escolar-Hupp said.
Escolar-Hupp added that while “the two Extrajudicial Confession may have been duly executed, the statements made by the confessants cannot bind or prejudice respondent Jigger pursuant to res inter alios acta rule.”
Conspiracy
“Another compelling reason why the declarations of Jordan and Dann Carlo cannot be considered as evidence against Jigger is the fact that their declarations were not made while they were engaged in carrying out the conspiracy. Needless to say, the robbery of Oro Sugbu was already consummated when these two confessants made their declarations.”
Escolar-Hupp said that while the effort of the Cebu City Police Office in investigating the robbery case was commendable, “there is just not enough evidence to prove Jigger’s involvement in the commission of the crime and to establish a prima facie against him.”
“The case against him must, therefore, be dismissed.”
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