Prosecution in “WAKEE” case: MTCC Mandaue has no jurisdiction

CEBU, Philippines - “Branch 3, Municipal Trial Court in Cities, Mandaue City, is devoid of any jurisdiction to try and decide this case and conduct any kind of proceedings related thereto.”

This was according to Prosecutor Arnulfo Amodia and private prosecutor Ferdinand Dungog in their motion to modify resolution filed before Judge Wilfredo Dagatan of MTCC Branch 3 in relation to the perjury case of  boxing promoter Rex “Wakee” Salud.

Dagatan earlier issued a resolution granting the motion to quash information and dismiss case filed by Salud through his counsel.

In his one-page resolution, Dagatan ruled that the court noted that the prosecution was also not telling the truth.

“Let it be noted that accused is charged for perjury for not telling the truth, likewise, the court has noted that the prosecution are not also telling the truth. In their complaint, it is stated that accused feloniously swear before election officer Arvin Maghanoy…but in their amended complaint, they want to change the name of election officer to Jovito Beltran,” Dagatan ruled, adding the guilt of  the accused beyond reasonable doubt is now tainted with “infirmity.”

In their motion, the prosecution through Amodia and Dungog, however, moved for the modification of  the resolution of Dagatan. They cited Dagatan committed “very serious errors of  law” in rendering resolution for lack of  jurisdiction.

Filmore Gomos, counsel of  Salud, said that the motion of the prosecution is moot and academic.

 â€œMoot and academic, aside from being baseless. They should have objected at the outset,” he said, adding they will wait for any order from the court if  the motion is entertained to take a next move.

The prosecution further said that the inhibition of Judge Jocelyn Uy-Po of the Municipal Circuit Trial Court of Consolacion and Cordova, Cebu, from handling the case, will not legally justify the transfer of the case to the MTCC in Mandaue City. Po was the first handling judge of the said case.

Amodia and Dungog said the proper procedure is for the Regional Trial Court executive judge or the Supreme Court to designate another judge to replace Po in handling the case.

 â€œNevertheless, all proceedings must be conducted in Judge Po’s Municipal Circuit Trial Court of Consolacion-Cordova and not elsewhere,” the motion read.

Furthermore, the prosecution asked Dagatan to return the case to the court of origin which is the MCTC Consolacion and Cordova, through the Regional Trial Court, as the proper court to hear and decide the perjury case.

 Salud was charged for allegedly making false statements in his certificate of candidacy. He was supposed to run for mayor in Cordova but he was disqualified due to the residency requirements.  –(FREEMAN)