First Posted 7:41 PM 07/11/2008
The Office of the Provincial Prosecutor in Biliran province issued a subpoena to Gerardo S. Espina, Sr and Police Officer Jose Bacalla, both residing in the Espina Compound, Caray-Caray, Naval, Biliran as respondents to the Double Murder and Frustrated Murder cases filed by Charles P. Chong, complainant..
The subpoena with I.S. No. 2008-117 was issued by Atty. Gary C. Cruz, Provincial Prosecutor of the Office of the Provincial Prosecutor in Biliran on July 9, 2008 at Naval, Biliran Province .
Attached in the complaint are the sworn statements and affidavits of witnesses and aggrieve parties, sketch of crime scene, police blotter and a letter of Charles P. Chong totaling to 24 documents in all.
It is stated in the subpoena that there exists a probable cause to conduct a preliminary investigation and that the respondents are required to submit to the Prosecutor’s Office within ten (10) days from receipt their counter-affidavit and that of their witnesses and other documents duly sworn to before any State Prosecutors or any government officials authorized to administer.
It is also stated that the office administering oath shall certify that he has personally examined the affiant (of the respondents) and that he is satisfied and that they voluntarily executed and understood their affidavits.
Based in the subpoena, it is understood that failure (of the respondents) to submit such counter-affidavit and supporting documents within the said period shall be considered as a waiver of right to controvert the evidence of the complaint, hence, the preliminary investigation proceed without their (respondents) presence
Furthermore, it is stated that should they (respondents) comply to submit such counter-affidavits and other supporting documents within ten (10) days, and in order to clarify matters in aid of justice and resolving the case, you (respondents) are further commanded to appear to the undersigned investigator within the said period from receipt of the subpoena.
The Chief of Police of Naval, Biliran is required to immediately serve the subpoena and made return of service based on the subpoena.
The subpoena is still in the possession of SPOI Cristobal SD Manrique, Subpoena Server of Naval Police Station.
According to SPOI Manrique, he received the subpoena at 2:00 o’clock this afternoon from the postal office and immediately served it , however, the respondents are still in Caibiran town at the time he served the subpoena. – BiliranIsland.com