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AFTER his bid to be excluded from the case was junked, Cebu City Councilor Eduardo Rama will have to stand trial for two counts of serious physical injuries for allegedly conspiring with three companions in attacking two men in May 2002.
Judge Rosabella Mondragon-Tormis of the Municipal Trial Court in Cities denied Rama's request to be dropped as a respondent and his motion for reconsideration.
Rama's lawyer Gerardo Carillo filed yet another motion for reconsideration on the court order.
Judge Tormis said the issuance of an arrest warrant against Rama would have to wait until the pleadings are resolved. She said she would decide whether to issue an arrest warrant after ruling on the the motion for reconsideration.
In a phone interview, Rama refused to comment on the case, where he was among those accused of ?mauling, punching, kicking, and throwing to the pavement? Carlo Camaya and Michael Tan at a convenience store in barangay Lahug, Cebu City.
The other respondents are Jimmy Dimaunahan, Andre Ursal, and Jason Narcinco.
The Cebu City Prosecutors' Office recommended the filing of charges against the respondents.
But after a reinvestigation, the Cebu City Prosecutors' Office dismissed Rama from the case saying he did not inflict harm on the complainants.
But Judge Tormis didn?t agree with the findings of the reinvestigation.
?It must be emphasized that before issuing warrants of arrest, judges must not rely solely on the report or resolution of the fiscal. They must evaluate the report and the supporting documents,? the judge said.
The court has scheduled a hearing on the case on May 25. REPORTERS ADOR S. MAYOL AND FE MARIE DUMABOC
