Jade Castro, 3 others released after court dismisses case

Film director Jade Castro and his three companions were released on Monday night after a Quezon court dismissed their case for destructive arson, his lawyers confirmed Tuesday.

“Nakauwi na po sila sa kanilang mga pamilya (they’ve gone home to their families),” Atty. Carmela Pena, Castro’s lawyer, told GMA News Online.

“Matapos kami maghain ng Motion to Quash ipinag utos ng korte na palayain na sila Direk Jade dahil mali at illegal ang pagkakaaresto sa kanila. Dahil mali at ilegal, walang hurisdiksyon ang korte sa mga akusado,” she added.

(After we filed a motion to quash, the court ordered Director Jade released because their arrest was wrong and illegal. Because it is wrong and illegal, the court has no jurisdiction over them.)

Castro and his companions Ernesto Orcine, Noel Mariano, and Dominic Ramos were arrested without a warrant on January 31 in Mulanay, Quezon for supposed involvement in the burning of a modern jeepney Barangay Dahican in Catanauan.

Police later admitted that they had no physical evidence linking Castro and his friends to the crime.

Partially granted

In the 16-page order, the Catanauan Regional Trial Court (RTC) Branch 96 said it cannot acquire jurisdiction over the four individuals as members of the Catanauan Municipal Police Station (MPS) “arrested them not in accordance with Section 5(b), Rule 113 of the Rules of Court.”

“[T]he motion(s) to Quash the Information… is partially granted, and the said Information is hereby quashed, on the ground of lack of jurisdiction of this Court over the persons of accused,” it said.

However, the court said that the ruling does not foreclose the case build-up of the Catanauan MPS to determine their involvement.

“This ruling cannot be interpreted as a resolution of this case on the merits which can be further strengthened by the MPS Catanauan and the prosecution through a regular preliminary investigation,” it said.

“An order sustaining the motion to quash is not bar to another prosecution for the same offense unless the motion was based on the grounds specified in Section 3(g) and (i) of this Rule,” it added.

According to Pena, the filing of another case would not constitute double jeopardy.

Under the rule of double jeopardy, when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense.

“Pwede pa magfile ulit ng kaso. Wala po kasing double jeopardy kase hindi naman na arraign sila Jade,” Pena said.

(They can file another case. There’s no double jeopardy because Jade was not arraigned.)

Welcome decision

Despite this, Castro’s lawyers said they were happy with the release.

“Finally, napakinggan din yung una pa naming sinasabi simula pa man na ilegal yung pagkaka aresto kina Direk Jade at mga kasamahan niya,” Atty. Mike Marpuri, one of Castro’s lawyers, said

(Finally, they listened to what we have been saying all this time, that the arrest of Director Jade and his friends is illegal.)

“We also express our gratitude to Judge Galvez in granting our motion and in judiciously reviewing our arguments,” he added.

Atty. Chel Diokno, for his part, said the granting of the motion to quash was an “answered prayer.”

On a post on X (formerly Twitter, Diokno posted a screenshot of a message sent by Castro’s brother, Jasper, telling him that the four were already being released.

“Overjoyed that they are finally regaining their freedom!” Diokno said. —VAL, GMA Integrated News