Lawyer maintains CdeO water facility man framed-A A +A
Thursday, August 21, 2014
EVEN with the snarl-up of the motion for the reinvestigation on the case of Cagayan de Oro Water District’s (COWD) senior draftsman Emmanuel Mulawan Sr., his defense lawyer, Earl Hans Santos, is convinced his client has been falsely accused.
“I am a hundred percent convinced that Sir Manny (Mulawan) is just a victim of a frame-up. As to who, I personally do not know. What I do know is that the irregularity of the documents shown to us proves my client has just been [set up],” Santos told Sun*Star Cagayan de Oro by phone Wednesday.
Santos is referring to the arrest warrant issued by Judge Josefina Siscar of Branch 20 of the Regional Trial Court’s 4th Judicial Region in Imus, Cavite that led to the apprehension of Mulawan inside the COWD’s premises during working hours and was “abruptly” brought to Cavite the following day by four police officers from the Gitagum police station.
“One thing that is alarming to me, although this is not my topmost priority as of now, is the issuance of the warrant by the judge without the complainant appearing before him? Why did the complainant not swear in front of the prosecutors themselves?” Santos said.
Aside from that, the lawyer asked some of his men to locate the complainant’s residence to confirm the real identity of the person alleged to be Mulawan’s rape victim.
“We have been trying to trace the complainant’s residence if she actually exists or not. We have had sent letters to the said residence pero return-to-sender lahat. Even the court could not summon her kasi lahat return-to-sender rin,” he said.
Mulawan has been charged with rape under Article 266-B of the Revised Penal Code, a non-bailable offense. He has been detained at a prison facility in Dasmariñas for more than two months now.
On August 17, the Dasmariñas prosecutor’s office did not agree to Santos’ motion for reinvestigation and settle with an arraignment instead.
Mulawan’s lawyer is confident that his client will be free in no time.
“Even during the arraignment, I am optimistic that we will win this case and it will be dismissed provisionally even without going to the pre-trial and trial. Of course, they have to request the complainant to show up, and with how things are going that will lead us to concluding the complainant is non-existent, Sir Manny will be free in a few weeks now. Tignan na lang natin, though,” Santos said.
The arraignment will be on August 27, 2014 at 1:30 p.m. at the Dasmariñas trial court.
“My priority now is getting my client out of jail. He has been sick lately. Once he gets out of jail, I will file a case to the prosecutors who signed the warrant even with the complainant’s failure of appearance before them,” he added.
Published in the Sun.Star Cagayan de Oro newspaper on August 21, 2014.