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Accused Lim cannot anymore feign ignorance and shout injustice that his right to due process

claiming that he failed to avail of his right to a preliminary investigation, read the comments
penned by lawyer Mundlyn Martin-Misal.

Lim, 28, who is facing frustrated homicide and illegal possession of ammunition cases, asked the
court to refer the case for a preliminary investigation before the Cebu City Prosecutors Office so
that he can be given time to file his counter-affidavit to the allegations filed against him.

Nual added the court is not duty-bound to refer the case to the prosecutors office since Lim has
already waived his right to a preliminary investigation (PI) during the inquest proceeding on
March 21, 2017 with the assistance of lawyer Orlando Salatandre, Jr.

Lim was asked if he will undergo preliminary investigation but chose not to. Instead, he
manifested to face the charges in court.

Freeman ( Article MRec ), pagematch: 1, sectionmatch:

The omnibus motion, Nual said, was a legal tactic to delay Lims arraignment.

There is no need for the PI being the purpose of which was already attained during the inquest
proceedings. It is nothing but a redundancy and nothing further but to delay the proceedings of
this case, to the damage of the victim, the comment further reads.

Thus, he asked for the denial of the omnibus motion.

Earlier, Lim has also asked the court to allow him to travel abroad with his family for three
weeks for a family vacation since it was already planned and booked before the shooting
incident.
However, Nual, in his comment, also asked the court for the denial of the motion claiming the
right to travel to an accused is not an absolute right and there was no compelling reason or
urgency for Lim to travel abroad.

The court still has to resolve Lims motion for permission to travel abroad. (FREEMAN)

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