Negros Occidental Vice Governor Genaro Alvarez Jr. and his son, Ilog Mayor Paul Alvarez, subscribed their counter-affidavits denying links to the murder of Kabankalan Judge Henry Arles before the Department of Justice in Manila yesterday.
At the continuation of the preliminary investigation on the Judge Arles murder case, the vice governor appeared to subscribe the counter-affidavit that he had submitted earlier, while the Ilog mayor subscribed his rejoinder to the reply to his counter-affidavit that was submitted earlier by the complainants.
Cauayan Vice Mayor Gerry Tabujara, who has been tagged as one of the respondents, sent communication that he is confined at a Bacolod hospital and could not attend the proceedings.
Other respondents, Ilog town employee Emmanuel “Eman” Medez, Revolutionary Proletarian Army-Alex Boncayao Brigade members Nelson Rustom Puro, Marvin Salve, Gerald Tabujara, Alejandro Capunong, Jessie Daguia and Eddie Fortunado, did not appear or send any respondent, lawyer Frank Britanico, brother-in-law of Arles, said.
The assistant chief prosecutor ordered the complainants to submit within 10 days from yesterday their memorandum, which will summarize their evidence and arguments. He also gave the respondents 10 days from receipt of respondent's memorandum within which to submit their memorandum after which, he will decide on the matter, Britanico said.
Ben Solilapsi, secretary general of Lumaya Ka that has been helping the RPA respondents in the case, said Britanico is preempting the DOJ’s decision regarding the Arles case.
“We find it disturbing when he said that affidavits not subscribed before the DOJ in Manila will be considered just a mere piece of paper. What if it was subscribed by the local prosecutors here who are the local representatives of the DOJ in Bacolod, in the case of Capunong, Daguia, Fortunado, Salve, Tabujara and Puro?” he asked.
Solilapsi said that if the DOJ will not recognize counter-affidavits subscribed before local prosecutors, there is no reason for it to open offices in cities and provinces.
He also pointed out that they still have a pending request to transfer to Bacolod the investigations and future hearings of the case, which the DOJ has not acted on yet.
They advised Britanico to keep his mouth shut and let due process take its course, he added.
The accused are presumed innocent until proven guilty with finality by the court of law, Solilapsi pointed out.*CPG
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