Fiscals oppose Ivler’s bid to dismiss murder case

MANILA, Philippines - State prosecutors handling the murder case filed against road rage suspect Jason Ivler asked the court to junk his bid to dismiss the case against him.

Senior Deputy State Prosecutor Richard Anthony Fadullon, in an opposition released to the media yesterday, said Ivler’s motion for reconsideration of the order, which denied his request to file the demurrer to evidence, lacks merit.

“The accused-movant is entitled to his day in court by presenting evidence in his defense in order to rebut the prima facie case established by the state. He was afforded all the rights of the accused under the Constitution,” read the opposition.

A demurrer to evidence, which may be filed by the accused after the prosecution rested its case, questions the sufficiency of the prosecution’s evidence and may be used as a ground for the dismissal of the case.

Court records show that in July, Ivler asked the court’s permission to file a demurrer to evidence after the prosecution rested its case in June.

On Sept. 27, Judge Luisito Cortez of the Quezon City Regional Trial Court Branch 84 denied the motion, saying the pieces of evidence presented by the prosecution create a prima facie case.

“It is imperative for the accused to dispute them (evidence) by adducing countervailing evidence,” the judge said.

Ivler is facing murder charges for the death of Renato Victor Ebarle Jr. during a traffic altercation in Santolan, Quezon City on Nov. 18, 2009.

Ebarle, the son of former presidential chief of staff undersecretary Renato Ebarle Sr., died of three gunshot wounds.

Ivler, who was implicated in the incident, was arrested on Jan. 18, 2010 by National Bureau of Investigation agents at the house of his mother, Marlene Aguilar, in a Quezon City subdivision. Aguilar is a sister of folk singer Freddie Aguilar.

He was injured following an exchange of gunfire that occurred during his arrest. He was charged with murder and is currently detained at the Quezon City jail.