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MANILA, Philippines -- The family of Noel Orate Sr., the slain former boyfriend of ex-Representative Nanette Castelo-Daza, have asked the Court of Appeals to stop a Quezon City trial court from exercising jurisdiction over the case against his alleged killer.
The Orates’ lawyer, Eduardo Bringas, sought a temporary restraining order to prevent Judge Luis Cenon Maceren of Regional Trial Court Branch 218 from trying the case against Bulacan provincial board member Romeo Alan Robes.
He also asked that Robes’ arraignment last April 23 be set aside.
Robes, who is married to Castelo-Daza’s daughter, Jessica, a councilor of Quezon City, pleaded not guilty to the homicide charge.
He is accused of shooting Orate inside the former congresswoman’s home on February 10.
The Dazas contend the shooting was done in self-defense.
However, the Orates want the case upgraded to murder.
Bringas said Maceren’s continued jurisdiction over the case may cause "injustice to his clients if not restrained."
"Moreover, the continuance exercise of jurisdiction by the public respondent will continue to violate the right of the petitioners to due process precisely because they were deprived to their right to have the Justice Secretary to review the evidence and cause the upgrading of the charge from homicide to murder," Bringas said.
Earlier, he had asked the Supreme Court to move the hearings to a Makati City court.