A six-page resolution by Prosecutor Agustin Avalon, dated April 20, 2011 (or only a week after the filing of Ericson's counter-affidavit) was sent to the Calbayog sub-provincial jail and received ONLY TODAY (June 7) by political detainee Ericson Acosta:
" After carefully examining and evaluating the evidence on record, the undersigned is convinced ..that the respondent probably committed the crime of illegal possession of explosive (hand grenade).. The acts of the arresting military officer and personnel enjoy the presumption of regularity in the performance of official duty.."
"..it is respectfully recommended that an information for ILLEGAL POSSESSION OF EXPLOSIVE IN VIOLATION OF RA 9516 be filed against the respondent with the proper court."
This document which was posted through the mail did not come with any information if the case of illegal possession of explosive against Acosta has indeed been filed with the local courts in line with the obviously antedated resolution. Assuming the case has already been filed given the "speedy" resolution by the prosecuting officer, Ericson and his counsel has yet to receive a copy of the information document after almost two months.
Ericson's counsel, the NUPL ,will discuss legal steps regarding this development.
Please keep posted for updates.
Resolution
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