Wife-suspect in husband-cop slay freed

CEBU, Philippines - The 36-year-old wife, who surrendered after allegedly shooting her husband-policeman dead, was released from detention Thursday afternoon.

Citing lapses in procedures, the Dumaguete City Prosecutor's Office had ordered the release of Kenya Nocete Jardenico, suspect in the killing of  her husband PO3 Jay Samson Jardenico, and scheduled the case for preliminary investigation first. 

Assistant Prosecutor Milmon Bryce Tenorio said Kenya had to be released because she was not lawfully arrested pursuant to the provision of Section 5, Rule 113 of the Revised Rules on Criminal Procedure.

City Prosecutor Arnel Zema approved the release order saying there was no ground to continue Kenya's detention because the arresting officer did not have personal knowledge of facts or circumstances that the person arrested committed the crime charged. 

As such the complaint of parricide should be dismissed as an inquest case. However, inquest prosecutor found cause to set the case for regular preliminary investigation, scheduled in March this year.

Superintendent Jovito Atanacio, Dumaguete City Police chief, said Kenya voluntarily surrendered to the investigator on case PO3 Roderick Mahipus after the crime was allegedly committed. But the surrender and alleged confession through a narration of facts was conducted in the absence of a lawyer, prompting the inquest fiscal to order her release.

Atanacio also said Kenya's eldest son appealed to his grandmother and the brother of his slain father Jay not to pursue the filing of the criminal complaint against his mother Kenya, even as other relatives would also want justice for the policeman.

The police however said that, following procedure and even without a private complainant, they are expected to file the charge at the City Prosecutors Office, which they already did.

Jardenico's househelper Anna Rose Cortes–the possible witness to the crime–is now in custody of the Dumaguete City Social Welfare Office but has not issued any affidavit yet, Atanacio added. (FREEMAN)