Court drops Dumlao from list of accused in Dacer-Corbito case

September 17, 2009 11:30 am 

MANILA, Sept. 17 –A Manila regional trial court on Thursday excluded former police Sr. Supt. Glenn Dumlao from the list of accused in the 2000 Salvador “Bubby” Dacer and his driver Emmanuel Corbito double murder case.

During the continuation of hearing that lasted for almost four hours, Judge Myra V. Garcia-Fernandez, of the Manila RTC Branch 18, dropped Dumlao from the list of the accused, citing an earlier Supreme Court (SC)ruling as the basis.

With the discharge of Dumlao, he may become an ordinary witness and will remain in the custody of the National Bureau of Investigation (NBI).

Dumlao's lawyers, led by Rogelio Agoot, asked the court on Aug. 13 to exclude the former as an accused based on a Supreme Court order.

“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.

The DOJ also earlier filed omnibus motion at the sala of Fernandez.

The DOJ moved for the withdrawal or expungement of amended information dated May 15, 2006 and reinstatement of the amended information dated Sept. 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 to make the latter information the controlling one as well.

The DOJ, in its Omnibus Motion, also asked for the re-opening of prosecution evidence so as to receive additional evidence not otherwise available to the prosecution before it rested its case.

During Thursday hearing, cross examination on former police Sr. Supt Cezar Mancao II continued as the court heard the motion of the DOJ to exclude him as an accused to become a state witness.

In an earlier interview, NBI director Nestor M. Mantaring said the NBI could still place Dumlao in its custody, depending on the discretion of the DoJ in the event the court decides to drop him as accused and consider him as an ordinary witness.

“In the event that the court grants the motion of the DoJ to exclude Dumlao from the list of accused, the DOJ may order the NBI to remove Dumlao from the NBI detention facility and transfer him to DOJ-Witness Protection Program (WPP) safe house. It is also possible that the DOJ may still order us to place Dumlao under our custody here in NBI depending of his threats. If Dumlao has threats against his life, then the DOJ-WPP is duty bound to secure him,” said Mantaring in an earlier interview.

Dumlao was extradited to the country from the United States last July 26. (PNA)

RMA/JES

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