WORDS | CZARINA JOY B. AREVALO
The Municipal Trial Court (MTC) of Los Baños deferred the arraignment for the oral defamation case of UPLB Chancellor Fernando Sanchez Jr. on Wednesday, March 8.
Attorney Rosalio Aragon Jr., lawyer of Chancellor Sanchez, motioned for the postponement based on the ground that they filed a petition for review before the Department of Justice (DOJ) last February 9. The petition for review was raised because of the conflicting rules on the provincial and regional state prosecutor.
Attorney Rosario cited Rule 116 Section 11 of the Rule of Court which states, “upon motion by the proper party, the arraignment shall be suspended for the case of a pending petition for review of the resolution of the prosecutor at either the DOJ, or the Office of the President; provided, that the period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office.”
On the other hand, Atty. Emilio C. Capulong Jr., private prosecutor of Dr. Ruben Tanqueco, complainant, said that upon resolution of the Regional Prosecutor, the earlier resolution is considered final.
In an earlier report by the UPLB Perspective, Regional Prosecutor Ernesto C. Mendoza found the appeal meritorious, which granted the petition for review last January 24, 2017. The petition for review was filed by Dr. Tanqueco before the Regional Trial Court after the case was initially dismissed by the Office of the Provincial Prosecutor of Laguna last July 16, 2016.
The arraignment is set on May 24, 2017 with or without the resolution of the DOJ, as granted by Presiding Judge Francisco Collado Jr. [P]