THE new counsel of self-confessed Davao Death Squad member Edgar Matobato filed an urgent motion to set aside the order of the issuance of warrant at the Municipal Trial Court in Cities (MTCC) Branch 3.
The warrant that was issued against his client is for Matobato's failure to appear in an arraignment for the case of illegal possession of firearms last Tuesday.
Lawyer Jude Josue Sabio, the newly named lawyer of Matobato, through a representative, filed the motion around 8:25 a.m. Thursday, October 6, at the MTCC Branch 3.
According to an MTCC staff, Sabio explained in his motion that Matobato failed to attend the arraignment last Tuesday due to conflict of schedule.
It also stated that Matobato had dismissed his former counsel lawyer Gregorio Andolana because of loss of confidence in him.
Last Tuesday, Andolana has filed a motion to withdraw as legal counsel of Matobato due to lack of communication.
The urgent motion still needs to be approved by Judge Silverio Mandalupe, and based on procedure, the prosecution needs to make a reply on the matter.
As of Thursday, Prosecutor Jay Karel Sanchez, spokesperson of City Prosecutor’s Office (CPO) said the prosecution will strongly oppose the motion.
"The CPO will strongly oppose the motion, and will insist to the court to increase the bail bond fixed by the court from P2,000 to P60,000 pesos," Sanchez said.
Sanchez added this is according to the Bail Bond Guide issued by the Department of Justice in 2000.
The staff of the MTCC Branch 3 said that normally, the prosecution will be given three days before hearing to give their reply.
No hearing has been scheduled yet for the motion.
The warrant of arrest issued by Mandalupe Wednesday states that the bond fixed is at P2,000 and the bond may be furnished by the accused in the nearest Internal Revenue of Provincial, City or Municipal Treasurer among other means.
Judge Mandalupe, also the head of office to which the arrest has been delivered for execution, needs to execute the warrant within ten days.