Judge Ma. Lynna Adviento of Branch 58, in her five-page penned order, denied Bacaltos' motion for reconsideration and motion for leave of court to file motion for reinvestigation.
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Court junks bid for reinvestigation
Mylen P. Manto (The Freeman) - May 20, 2019 - 12:00am

Sambag shooting

CEBU, Philippines — The Regional Trial Court in Cebu City has denied the motion for reconsideration filed by Alma Bacaltos whose husband and son were killed outside their residence last January, citing it's a mere scrap of paper.

Judge Ma. Lynna Adviento of Branch 58, in her five-page penned order, denied Bacaltos' motion for reconsideration and motion for leave of court to file motion for reinvestigation.

"The foregoing remedial measures notwithstanding, the Court has been categorical in treating a litigious motion without a valid notice of hearing as a mere scrap of paper," read the order dated May 17.

Bacaltos earlier filed a motion  for reinvestigation citing the case filed against Vincent Navales, 41, should be murder and not homicide. Navales was accused for killing Shawn Edwin on January 21, 2019 outside their residence on J. Alcantara Street, Barangay Sambag 1, Cebu City.

Bacaltos alleged that Vanzant Navales together with Vincent, Luigi Agtoto, George Aratea IV, and Ryan Khristian Verano, were looking for her son, Michael Vincent Bacaltos on the said date.

Since she knew Vanzant had a grudge against her son, she told them that her son,  Michael Vincent was not around.  However, Michael Vincent, Shawn Edwin, and her husband, Edwin went out from their residence.

A heated argument ensued between Edwin, Vanzant and Vincent, Bacaltos said.

Bacaltos said when Edwin approached Vanzant, the latter shot her husband hitting the different parts of his body.

Shawn Edwin was allegedly killed by Vincent.

Adviento denied the motion due to technicality.

"To reiterate, no justification was given for setting the motions for hearing 17 days after their filing, considering that both private prosecutors and defense counsel hold offices just a few kilometers from each other," read the order.

Adviento also ruled that Bacaltos failed to point out the findings or conclusions of the order sought to be reconsidered which are not supported by evidence.

Lawyer Amando Virgil Ligutan of SALiGAL Law, counsel of Navales said they are happy of the development of the case.

"The judge turned down the other camp's latest attempt to delay the arraignment. This is the latest of procedural blunders by the other side. The Navales camp is happy with this development," he said. (FREEMAN)

ALMA BACALTOS
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