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FAILURE of prosecutors to present evidence and witnesses in court has resulted in the dismissal of charges against two suspected rebels accused of extorting money and a computer from a cement company in 2006.
Judge Gilbert Moises of the Regional Trial Court (RTC) branch 18 yesterday ordered Gerard Labadia and Sharon Abangan released from detention and cleared them of charges for rebellion, robbery with intimidation, and illegal possession of firearms.
Public Prosecutor William Canta did not object to the decision.
“Let this case be, as it is hereby dismissed provisionally,” said Moises in his order issued March 24.
Earlier Canta asked to reschedule at least two hearings due to the unavailability of witnesses.
One witness, Senior Insp. Rex Derilo of the Criminal Investigation and Detection Group in Central Visayas (CIDG-7), was not available for the March 9 hearing due to a trip to Thailand.
Another witness, Meliton delos Santos, general manager of Taeheiyo Cement Philippines based in the town of San Fernando, southern Cebu, was also out of town for his scheduled appearance on March 10.
The judge warned Canta of the possibility of the case’s dismissal during the March 24 hearing should the prosecution still fail to present witnesses.
It was Delos Santos who asked for the CIDG-7’s help after Taeheiyo received an extortion letter from the National Democratic Front demanding P250,000 and a laptop computer.
In an entrapment operation on Sept. 1, 2006, CIDG-7 arrested Labadia and Abangan when they showed up to claim the items. Each was armed with a .45 caliber pistol.
