LA TRINIDAD, Benguet – A local court provisionally dismissed three unjust vexation in relation to the pertinent provisions of Republic Act (RA) 10175 or the Cyber Crime Law charges that were earlier filed against a lawyer for failure of the private complainants to appear in the scheduled hearings on the said cases.
In a 2-page order, Judge Leody M. Opolinto of the Regional Trial court (RTC) Branch 62 stated considering the absence of the three private complainants, who are the principal witnesses for the prosecution, and so as not to prejudice the right of the accused Atty. Francis Rae Camtugan II to speedy trial, the court finds the provisional dismissal of the said cases in order.
When the said cases were again called for initial presentation of evidence for the prosecution, the intended witnesses for the prosecution, particularly the private complainants, again failed to appear.
The court noted that when the said cases were called, it was the 4th trial day given to the prosecution to present evidence in the said cases, but the prosecution is yet to present a witness considering the absence of the private complainants.
Further, the order disclosed that all the private complainants in the said cases were notified of the scheduled trial dates in the said cases as they were reportedly present during the pre-trial conference when the trial dates were set.
The court stipulated that considering the continuous non-appearance of the private complainants in the aforesaid cases, Prosecutor Hazen N. Binayan proposed for a provisional dismissal of the said cases.
For his part, Camtugan, who is the accused in the said cases, and who understands the nature of a provisional dismissal, gave his expressed conformity to the same.
The court also ordered the release of the cash bond that was paid by the accused for his temporary liberty following the provisional dismissal of the cases that were filed against him. By Dexter A. See