Dumlao not arraigned; DOJ files omnibus motion that may pave way for his discharge as accused

August 26, 2009 10:50 am 

MANILA, Aug. 26 –Former police Superintendent Glenn Dumlao, who was tagged in the 2000 double murder case of Salvador “Bubby” Dacer and his driver Emmanuel Corbito, was not arraigned on Wednesday after the Department of Justice (DoJ) filed an omnibus motion that would pave the way for the removal of the former police officer from the list of an accused.

Wednesday’s hearing marked the first time Dumlao and former Senior Superintendent Cezar Mancao II faced each other after their separate extradition from the United States (US).

Dumlao and Mancao embraced each other inside the courtroom and even seated beside each other.

The DOJ filed the omnibus motion at the sala of Judge Myra V. Garcia-Fernandez of the Manila Regional Trial Court (RTC) Branch 18.

The DOJ respectfully moves to withdraw or expunge amended information dated May 15, 2006 and reinstate the amended information dated September 17, 2001, in order to rectify an inadvertent mistake in the reading and interpretation of the decision of the Supreme Court in “Soberano et. at. vs People, October 5, 2005 G.R. No 154629 and thus to make the latter information the controlling one.

The DOJ, in its Omnibus Motion, also respectfully moves to re-open prosecution evidence to receive additional evidence not otherwise available to the prosecution before it rested its case.

Lawyer Rogelio A. Agoot, who represents Dumlao, was not arraigned and will possibly be considered an ordinary witness. “He will be possibly considered an ordinary witness and not a state witness as Dumlao’s testimony corroborates that of Mancao,” he told reporters after the hearing.

He, however, said the other parties were asked by the court to give their respective comment on the Omnibus Motion within 10 days.

Dumlao was immediately escorted by agents of the National Bureau of Investigation (NBI) out of the court before Mancao continued his testimony, affirming his affidavit.

“The judge continued hearing the testimony of Mancao, affirming his affidavit and testified in court that they received direct orders from then Presidential Anti-Organized Crime Task Force (PAOCT) chief General Panfilo Lacson and Malacanang. When asked who specifically was the person from Malacanang, Mancao answered President Joseph Estrada,” said lawyer Dante David, counsel of the other accused in the Dacer-Corbito case.

The counsels of Dumlao asked the court on Aug. 13 to exclude him as an accused and filed a motion for reconsideration of the order admitting the compliance with amended information.

Agoot earlier cited in the motion the Supreme Court decision as basis in asking the court to drop Dumlao as an accused.

“That thus, while the Court of Appeals resolved to deny the exclusion of P. Supt. Glenn Dumlao as one among the accused, the Honorable Supreme Court modified and granted his exclusion as an accused, to be presented as prosecution’s number four witness listed in the Amended Information dated September 17, 2001 hence, it is erroneous to include him as an accused,” said Agoot in his motion for reconsideration.

Dumlao, who was extradited from the United States to face trial last July 26, is being secured at the NBI detention room at the NBI main office in Manila.

Mancao pleaded not guilty to the charges of double murder during his arraignment on June 30. He was transferred to the DOJ-WWP safehouse.

The hearing was set on September 3 at 2 p.m. (PNA) LAP/JES

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