RTC Branch 44 Denies Regencia Defense’ motions
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| Mayor Regencia |
Iligan City
In an Omnibus Order dated January 16, 2016, the Regional Trial Court Branch 44, in Initao Misamis Oriental denied all the motions filed by the defense panel of accused Celso G. Regencia who is facing charges of 3 Murders and 4 Frustrated Murder cases before said Court.
In her order, Judge Marissa P. Estabaya ruled: “Thus probable cause can be established with hearsay evidence, as long as there is sufficient basis for crediting the hearsay. Hearsay evidence is admissible in determining probable cause in a preliminary investigation because such investigation is mere preliminary, and does finally adjudicate rights and obligations of parties. (Senator Jinggoy Ejercito Estrada, v. Bersamin, Office of the Ombudsman, Field Investigation Office, et al., G.R. Nos.212140-41, January 21, 2015).”
“ALL THE FOREGOING CONSIDERED, the Motion for Determination of Probable Cause, the Motion to Dismiss on the Ground of Lack of Jurisdiction and the Motion for Reconsideration are hereby denied for lack of Merit,” the Order concluded.
The Motion for Reconsideration were filed by Celso G. Regencia and Alfeo Arnoco thru Counsel.
The Motion to Determine Probable Cause was filed by Amador Baller.
And the Omnibus Motion to Dismiss due to lack of Jurisdiction, Motion to Quash Warrant of Arrest, and other motions were filed by the “said people.”
The Court stated that it chose to discuss the Motions jointly because the issues raised in the pleadings were interrelated.
In an Omnibus Order dated January 16, 2016, the Regional Trial Court Branch 44, in Initao Misamis Oriental denied all the motions filed by the defense panel of accused Celso G. Regencia who is facing charges of 3 Murders and 4 Frustrated Murder cases before said Court.
In her order, Judge Marissa P. Estabaya ruled: “Thus probable cause can be established with hearsay evidence, as long as there is sufficient basis for crediting the hearsay. Hearsay evidence is admissible in determining probable cause in a preliminary investigation because such investigation is mere preliminary, and does finally adjudicate rights and obligations of parties. (Senator Jinggoy Ejercito Estrada, v. Bersamin, Office of the Ombudsman, Field Investigation Office, et al., G.R. Nos.212140-41, January 21, 2015).”
“ALL THE FOREGOING CONSIDERED, the Motion for Determination of Probable Cause, the Motion to Dismiss on the Ground of Lack of Jurisdiction and the Motion for Reconsideration are hereby denied for lack of Merit,” the Order concluded.
The Motion for Reconsideration were filed by Celso G. Regencia and Alfeo Arnoco thru Counsel.
The Motion to Determine Probable Cause was filed by Amador Baller.
And the Omnibus Motion to Dismiss due to lack of Jurisdiction, Motion to Quash Warrant of Arrest, and other motions were filed by the “said people.”
The Court stated that it chose to discuss the Motions jointly because the issues raised in the pleadings were interrelated.
