Travel hold-over sought on Tan brothers
Official request for a travel hold-order was now made by prosecution lawyers on Archie and Jan Michael Tan, sons of massacre victim Francisco "Bobby" Tan. Tagged as principal suspects in the grisly killing of said prominent Filipino-Chinese businessman, his wife Cindy Zayco and 6 year-old daughter Katherine, a Motion for Issuance of Hold-Order was pushed amidst concerns of the duo's plight.
This, The News Today (TNT) learned alongside a recent Court ruling that moved to resolve all pending Motions and Pleadings relative to the two counts of murder and one count of parricide against the Tan brothers, children of the slain businessman from a former girlfriend.
Archie was reportedly seen "with a large suitcase" last January 4 boarding a Philippine Airlines flight that left Iloilo City 4:50 p.m. Jan Michael on the other hand was reportedly "never seen" here since the City Prosecutor announced the brothers' indictment in October.
Archie is a holder of a valid Philippine passport which expires in 2010 with Serial No. P0844612 and is said to have a valid U.S. visa, too. According to the record in the Iloilo consular office, Jan Michael's passport expired in 2002. The prosecution likewise requested the Bureau of Immigration for a certification whether or not Archie Tan indeed left the country last January 4 or thereafter.
The Court hearing the parricide and murder cases of the two Tan brothers ordered to submit the various motions for resolution during the Friday's hearing. The deluge of motions, comments, oppositions, replies and rejoinders plagued the trial court as the contending parties also battle before the Department of Justice.
Judge Narciso Aguilar, acting presiding judge of Branch 32 which acquired jurisdiction over the cases of two counts of murder and one count of parricide against the Tan brothers made the ruling for resolution all Motions and the subsequent pleadings filed relative thereto. The defense has two pending motions which are for preliminary determination of probable cause and for the dismissal of the cases. The prosecution opposed all the two motions.
In a 25-page Motion to Dismiss which seeks a similar relief with their Motion to Determine Probable Cause, the accused contend that the evidence submitted by the prosecution to the court along with the three criminal informations are not sufficient to establish probable cause against them which would justify issuance of warrants for their arrest and their subsequent trial.
The prosecution opposed the two motions emphasizing and highlighting the existence of probable cause against accused by submitting a timeline based on numerous sworn statements of witnesses which shows that the defense of alibi and denial of accused cannot stand against the evidence of the prosecution, circumstantial they may be, in as far as the existence of probable cause is concerned.
The prosecution hammered on two time frames in the timeline, one from 10:45 to 11:40 p.m. of January 8, 2006 , and the other from 11:55 p.m. of January 8 to 12:45 a.m. of the next day. Both accused were at the second floor of the Tan mansion during these two time frames, the prosecution points out, and claim that the crimes were committed during the first time frame while the cleaning or contamination of the crime scene was done during the second time frame.
The prosecution then linked these facts with the forensic time of death of the victims which was estimated to be not later than 11 p.m. more or less.
Meanwhile, the Justice Department is yet to resolve the Petition for Review filed by the two accused over the resolution of the City Prosecutor. This was also opposed by Rosalinda Zayco and Enrique Rafael Tan who turned 18 last December.
The gruesome death of businessman Francisco "Bobby" Tan, Jr., his wife Cynthia Marie "Cindy" Zayco-Tan and daughter Katherine turned one year this month.