Monday, July 31, 2017

Lawyer of Nova Parojinog demands her release with no complaint filed

Photo from abs cbn's file (ctto)

According to the lawyer of Ozamiz city Vice Mayor Nova Princess Parojinog, they will demand her release since the police did not file any complaint within the prescribed period after the arrest.

Ferdinand Topacio arrived at the Department of Justice (DOJ) expecting that vice mayor and her brother Reynaldo Parojinog Jr. have already gone inquest proceedings.

“Ayon sa batas, dapat i-charge mo [Under the law, you have to file charges] within 36 hours otherwise she should be set free. So we will demand that,” Topacio told the reporters at the DOJ.

An inquest is to be conducted when a suspect is arrested without the warrant. The suspect will be informed of the accusations against them and will have the option to sign a waiver of detention under Article 125 of the Revised Penal Code and undergo a preliminary investigation.

The Article 125 states that a suspect must be brought to proper judicial authorities after the arrest. The allowed detention time of the arrested person depends on the case.

For cases punishable by light penalties is 12 hours, for crimes punishable by correctional penalties is 18 hours and 36 hours for afflictive or capital penalties - that includes capital punishment, death, afflictive penalties: reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, prision mayor)

Topacio said that according to his knowledge about the incident, the arrest was made by the authorities around 6.a.m last Sunday and counting the time means the 36th hour is at 6pm of July 31, Monday.