MANILA, Philippines — The Department of Justice (DOJ) has thumbed down the motion of Aegis Juris Fraternity member John Paul Solano to erase from the records his Sept. 17, 2017 affidavit on how he discovered the body of University of Sto. Tomas (UST) student Horacio Tomas “Atio” Castillo III because it was allegedly a falsified document.
In an Oct. 26, 2017, resolution, the DOJ said Solano’s arguments in the motion “fail to persuade” as he himself “categorically admitted authoring and signing the affidavit.”
“Precisely, a complaint for perjury was filed against him because his narrations on the circumstances surrounding his alleged discovery of Atio’s body, which was found to be contrary to the evidence found by the police officers resulting from the follow-up investigations that they conducted,” added the resolution signed by Assistant State Prosecutor Susan T. Villanueva and prosecution attorney Wendell P. Bendoval, and Honey Rose E. Delgado.
In his Sept. 17 affidavit, Solano claimed he found Castillo’s body dumped on a sidewalk in Manila and brought the UST law freshman to the Chinese General Hospital, where the latter was declared dead on arrival.
Solano also claimed in the same affidavit that he rode a motorcycle to buy cigarette at the corner of H. Lopez and Infanta streets streets in Barangay 133 Balut, Tondo around 8 a.m., Sunday, Sept. 17, where he saw Castillo’s body. He then claimed that he had flagged down a red Mitsubishi Strada pickup to help him bring Castillo to the hospital.
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But in his Oct. 3, 2017 motion to strike off his Sept. 17 affidavit, Solano argued that at the time he executed the sworn statement, Police Chief Inspector Rommel Anicete was not present and thus it would be impossible for him to have subscribed and swore before Anicete.
In his comment/opposition to Solano’s motion, Anicete said the affidavit was voluntarily given by Solano to the police officers, who were investigating Castillo’s death.
The DOJ sided with Anicete and the Manila District police, saying in its Oct. 26 resolution “the MPD has in its favor the presumption of regularity in the performance of duty.”
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