CABANATUAN CITY, Nueva Ecija -- The family of slain Gen. Tinio town Mayor Ferdinand Bote has sought to inhibit the entire Cabanatuan Prosecutor's Office from conducting preliminary investigation on murder charges leveled against the suspects, including alleged mastermind Christian Saquilabon.
This was disclosed after the first preliminary hearing held at the office of Assistant City Prosecutor Francisco Macaraig at Bulagawan ng Katarungan here Thursday afternoon.
Lawyer Paul Cuñano, one of the counsels for the complainant, said Mayvelyn Bote, the victim's widow, has filed an urgent motion to recuse before the Regional Prosecutor in the City of San Fernando, Pampanga to inhibit all Cabanatuan City prosecutors in a bid to ensure an impartial investigation of the case.
It can be recalled that Mayor Bote was ambushed and killed while leaving the compound of the National Irrigation Administration-Upper Pampanga River Integrated Irrigation System (NIA-UPRIIS) here last July 3.
Aside from Saquilabon, also named respondents in the case was his known companion Arnold Gamboa, Florencio Suarez, Robertlyn Gumatay, Jun Jun Fajardo and three unidentified others.
Cuñano said they participated in the proceedings but had not waived Bote's motion to transfer to the Department of Justice in Manila the preliminary investigation of the case.
"Kasi po sa tingin po ng complainant ay baka po hindi tayo makakuha ng impartial na pag-imbestiga (Because in the view of the complainant, we might not get an impartial investigation)," Cuñano said.
He said it is the right of every litigant to have the "cold neutrality of an impartial judge".
"Even with just the appearance of partiality or bias, it is sufficient to inhibit because as what others say, cold neutrality of impartial judge is beyond suspicion like Ceasar's wife," he explained.
In the motion, Bote noted that one of the lawyers who initially represented a person of interest in the crime was the father of an assistant prosecutor here, who will be part of the decision.
It also noted that "respondent Saquilabon and his family are very well known in Cabanatuan City, Nueva Ecija and has developed camaraderie and friendship with most, if not all, of the members of the City Prosecutors."
Saquilabon, based on information gathered by the complainant, has very close association and friendship with City Prosecutor Renato Villaroman who will ultimately decide on the fate of the case, the motion stressed.
Meanwhile, Bote who was accompanied by lawyers and supporters at the Hall of Justice, reiterated her thanks to President Rodrigo Duterte and Philippine National Police chief, Director Gen. Oscar Albayalde for the speedy arrest of some suspects and identification of the alleged brains behind the killing of her husband.
Their family, she said, will never give up striving for justice.
Only Gamboa who already admitted participation in the crime attended the investigation on Thursday under tight security from the Special Weapons and Tactics (SWAT) from Camp Olivas, Pampanga. He is detained at the Police Regional Office 3 (PRO3).
Saquilabon reportedly sent a lawyer as Gumatay and Suarez were not able to attend, being detained at the Camarines Sur provincial jail over illegal possession of firearms and ammunition charges while no information were immediately available regarding the four other suspects.
Pending resolution on the motion, Macaraig set the next hearing sometime next week. (PNA)
