Author Topic: Lack of Due Process in Bohol?  (Read 953 times)

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Lack of Due Process in Bohol?
« on: April 17, 2010, 10:34:04 AM »
By Bohol Chronicle

There is no truth to claims that there was no due process in the issuance of an arrest warrant against a businessman who is also a candidate for board member in the province.

This was the reaction issued by Atty. J. Albert R. Tinampay, counsel for complainant, Jacinto B. Decasa as he assailed malicious insinuations from certain sectors that the information for murder filed against Eduardo Flores Enerio et al was railroaded and patently lacking of due process.

In a press conference at the Metro Center Hotel last Friday, Atty. Tinampay was surprised why the issue of lack of due process surfaced since judges and prosecutors are sensitive to allegations of impropriety and are zealously protecting their reputations.

"No judge and prosecutor worth their salt would recklessly self inflict damage to their future," the lawyer said.

Tinampay surmised that parties adversely affected by the court's decision brought up the lack of due process issue since "wala nila makuha ang klase sa desisyon nga ilang gusto".
         
Citing his 31 years of law practice, Tinampay said that "appreciation of the facts and evidences by the judge and litigants often differs, but in the end we have to bow down to the wiseness of the court".

On the issue that since Enerio et al allegedly committed murder which is a heinous crime and therefore should be accorded all the legal remedies but instead the filing was fast tracked before acting on the motion for reconsideration.

Atty. Tinampay contended that the respondents were afforded all the legal remedies within the rules of court but the defense was not prepared and was often running out of time. He further stressed that court proceedings are time bound and should be always respected.

Tinampay further stressed that they will oppose the motion for reconsideration for judicial determination of probable cause filed at the Department of Justice (DOJ) in Cebu City since this is a clear case of forum shopping. The motion for judicial determination of probable cause was denied by Judge Arcamo because it was unnecessary or superfluous.

The denial of the motion paved the way for the issuance of the warrant of arrest with no bail fixed against Enerio.

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