KALIBO, Aklan – The Office of the Provincial Prosecutor ruled that the warrantless arrest against the prime suspect in the fatal stabbing at a pawnshop here was valid, and so was the filing of the inquest-complaint within the prescribed reglementary period.
Mark Archie Rebenito Torrefiel, 31, of Barangay Bay-ang, Batan, Aklan was physically presented for inquest proceedings for robbery with homicide complaint before the Office of the Provincial Prosecutor on June 11.
During the inquest proceedings, Torrefiel through the Public Attorney’s Office questioned the validity of his arrest in Barangay Pinagbuhatan, Pasig City by police operatives on June 9, four days after the crime, by filing an entry of appearance with manifestation
Prosecutor I Jobert Martelino said the warrantless arrest was the result of continuous manhunt operation by the police authorities.
Section 5, Rule 113 of the Rules of Court provides a peace officer or a private person may, without a warrant, arrest a person when an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.
“The evidences against the accused are uncontroverted…the manhunt operation of the police enjoys the presumption of regularity,” the inquest prosecutor pointed out.
Pawnshop manager Bonna Hercia Guantia Ambay, 23, of Barangay Nauring, Pandan, Antique, died of 18 stab wounds on June 5. The crime took place inside the RD Pawnshop Kalibo branch, across the Aklan provincial hospital along Mabini Street Poblacion. Torrefiel was seen in a security camera footage as the last person who left the pawnshop at 5:20 p.m. on June 5 prior to the discovery of the crime and the body of Ambay in the morning of June 6.
Roberto Dela Cruz, a tricycle driver, said the suspect hired him for P150 to drive the latter home to Barangay Cajilo, Makato, Aklan, about 11 kilometers west of Poblacion Kalibo.
“He (Torrefiel) was uneasy and hurriedly walked towards his house upon arrival in Cajilo,” Dela Cruz said in his affidavit.
Then, Torrefiel and his live-in partner left the province via roro boat in Caticlan, Malay, Aklan to Batangas that Sunday evening.
Investigator-on-case police Staff Sergeant Dandee Dela Cruz said the suspect was collared by operatives of the Criminal Investigation and Detection Group, National Intelligence Coordinating Agency and Kalibo municipal police station in a hot pursuit operation.
Police recovered the blood-stained handcuff, towel, security guard long sleeves, coin purse and the knife used by Torrefiel in killing Ambay.
Moreover, the power bank – a gift bought in Saudi Arabia by Bonna Hercia’s father – the mobile phone and pouch were also established that the items recovered from the Torrefiel belonged to the victim.
Two employees of RD Pawnshop Kalib also identified the recovered items were owned by Bonna Hercia. The pouch contained pictures of the victim and some ball pens with her names.
The inquest complaint docketed under VI-01-INQ-22F-00296 was approved by Provincial Prosecutor Maya Bien Mayor-Tolentino on June 11 in Kalibo, Aklan.
After the inquest, Torrefiel was whisked away to a custodial facility in Kalibo municipal police station.
Kalibo deputy chief of police for administration Lt. Abdon De Mateo said the suspect will undergo a swab test on June 13, Monday, while waiting for a commitment order from the court./PN
