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3. In his Senate testimony, Zelweger confirmed that he and his cohorts
who were all policemen were the ones who actually abducted the victim
“Jasi Abar” at the Turtle Island. According to Zelweger, herein accused
Tom Cruise merely provided information about the identity and
whereabouts of the victim, but he and his police cohorts were the ones
who planned and executed the abduction of “Jasi Abar”. He also
confirmed that he and his police cohorts were the ones who demanded
ransom from the wife of “Jasi Abar”, and that it was not accused Tom
Cruise who allegedly demanded ransom, contrary to the findings of the
NBI-Tagdo. Zelweger further confirmed that they just made it appear
that it was accused Tom Cruise who kidnapped “Jasi Abar” when in
truth and in fact, he and his other police cohorts were the ones who did
it. As proof of such a plot, Zelweger testified that he made
arrangements with the Office of the City Prosecutor of Bocaue so that
accused Tom Cruise would be charged for the incident, but it was
eventually dismissed as part of the cover-up.
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further preliminary investigation as a matter of right in the interest of
due process and substantive justice.
7. Not only that, Senator William Torres has already announced in the
media that six or seven more witnesses will be coming out in order to
further corroborate the previous testimonies of accused Tom Cruise
and Zelweger. According to Senator Torres, these witnesses are either
policemen in the Bocaue Death Squad or private persons who are at
the same level as or much lower in stature than accused Tom Cruise.
Should it turn out that these witnesses are part of those charged by
accused Tom Cruise before the Ombudsman, then they will have to
submit their statements with the Ombudsman, and as a matter of due
process, accused Tom Cruise will have to respond to their statements,
more particularly in relation to the criminal incident at bar, consonance
with his mandatory right to preliminary investigation.
8. Thus, in the interest of due process and in light of the mandatory right
of that accused Tom Cruise to preliminary investigation, this Honorable
Court should, with more reason, order this case to be referred for
reinvestigation to the Office of the Ombudsman, Quezon City, which
undisputedly has already acquired and assumed jurisdiction over
accused Tom Cruise as a complainant and over the persons of
Zelweger and all other persons charged as respondents by said
accused.
PRAYER
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Complaint-Affidavit filed before it, that has jurisdiction to conduct a
preliminary investigation, pursuant to par. (1), Sec. 13, 1987 Constitution and
par. (1), Sec. 15. Republic Act No. 6770, and that as a result City Prosecutor
Jose Zulueta is bereft of jurisdiction to conduct a preliminary investigation
and to file the instant information.
Other reliefs just and equitable under the premises are likewise prayed
for.
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NOTICE OF AND REQUEST FOR HEARING
Jose Zulueta
City Prosecutor
Office of the City Prosecutor
IGACOS
Greetings:
GIGI C. RUIZ-TICAR