Eternal Gardens files complaint with DOJ vs prosecutors for ‘illegal arrest, detention’

At the same time, Eternal Gardens lawyer Alexis Oco filed an urgent motion to transfer the venue of preliminary investigation on the theft complaint filed by State Prosecutor Edelwina Ebreo of the Batangas City Office of the City Prosecutor against five of its employees to the Office of the City Prosecutor in Manila.

While Oco refused to identify the prosecutors involved during an interview with reporters, documents filed before the DOJ identified Ebreo as the prosecutor responsible for the warrantless arrest of San Diego and Alibuzo, while Deputy Prosecutor Evelyn Jovellanos was identified as the prosecutor who conducted inquest proceedings on the two despite the absence of a counsel of their choice or a public lawyer to assist them.

In seeking the transfer of the venue of the proceedings for the theft complaint filed by Ebreo, Eternal Gardens cited the possible bias and lack of impartiality on the part of the investigating prosecutor, considering that the complainant is her colleague and holds a position within the Office of the City Prosecutor.

Eternal Gardens said Jovellano’s conduct of inquest was a clear violation of the manual of prosecutors. “The delay in the disposition of the inquest proceeding which constraint respondents to opt for a regular preliminary investigation also shows that indeed the complainant and the investigating fiscal have control over the outcome of the case,” the motion stated.

Source: Law Daily Report (lawdailyreport.net)

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