THE Bacolod City Prosecutor’s Office has filed a motion for reconsideration on the dismissed case of police drug personality Gerald Cuadra.
Officer-in-Charge City Prosecutor Dennis Jarder stated this in a letter addressed to Undersecretary Raymund Mecate of the Department of Justice (DOJ), a copy of which was obtained yesterday by John Chiong, national deputy commander of Task Force Crusaders.
In his letter, Jarder stated that they filed the motion for reconsideration on October 5, and they will also file a certiorari case based on Rule 65 of the Rules of Court in case the judge denies their motion.
Judge Therese Blanche Bolunia of Regional Trial Court Branch 47 granted the motion to dismiss the case of Cuadra for possession of illegal drugs under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, based on the quashal of the search warrant issued by Judge Manuel Cardinal Jr. of RTC Branch 49. Bolunia quashed the said search warrant on July 25, 2016.
Quashal or subpoena duces tecum is a court summons ordering a named party to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
On October 3, a motion for reconsideration was filed by trial prosecutor Melanie Ortega and was then opposed by the defense counsel for failure to schedule its notice of hearing.
Cuadra, son of drug convict Jose Kim Cuadra, was arrested last May 27 at his residence in Barangay 1, Bacolod City. Police seized from his possession of P1.5 million worth of illegal drugs, and firearms.
Chiong welcomed the move of the DOJ to act on their appeal to review the case of Cuadra.
