The investigation was stopped by Jalandoni after he found out that Timoteo Soriano, the alleged driver of the van carrying the 5 US Marines, represented by his counsel, lawyer Raul Paras, failed to submit his counter-affidavit.
Paras tried to submit an affidavit executed by Soriano, but he pointed out to Jalandoni that Soriano is neither a respondent nor witness in the case.
"Soriano is neither a witness for the five respondents nor is he a respondent in this case," he said.
He also said that he has found no complaint against Soriano, and because of this there is no need for a counter-affidavit.
"Based on the records and evidence found, there is no formal complaint against my client (Soriano)," Paras said.
Jalandoni said that he had asked for the submission of the counter-affidavit of Soriano through a subpoena he had issued to him and that he could make him a respondent if the evidence so warrants.
The Olongapo City prosecutor scolded Paras and his client, saying that Soriano’s inability to provide a counter-affidavit makes a mockery of the proceedings.
"Your client is making a mockery of the proceedings. Soriano can be made a respondent in this case if the evidence and statements made here warrant it, " he said.
Jalandoni did not accept the affidavit that Paras had earlier submitted, insisting that the proper counter-affidavit being asked of him should be submitted.
Paras and Jalandoni agreed, however, that Soriano is to be made available to submit the counter-affidavit and to swear to the veracity of his statements.
The counsel for the other respondents also submitted to Jalandoni a copy of a sworn affidavit by one Corporal Juan Victor Correa III.
The sworn affidavit was submitted by Correa to the consulate of the Philippines in Naha, Japan.
Correa is a US Marine whose sworn statement corroborates those of accused Corporal Burris and Corporal Lara that they were back on the USS Essex at 12:45 a.m.
In his statement , Correa said that he went on liberty from the ship on Nov. 1 at around 7:15 p.m. Correa was accompanied by by Corporal Corey Burris, Lance Corporal Albert Lara and Corporal Daniel Bulaszek. .
Correa stated that at around 9 that evening, he and his group went tothe Neptune Bar and met with Corporals Daniel Smith, Keith Silkwood, and Dominic Duplantis.
He said that no other US Marines were there and that he only remembers Corporal Lara dancing the salsa with some of the female Marines from the ship.
He also stated that they took out some pizzas and were back on the ship by midnight and that he had seen Lara and Burris checking in behind him.
Jalandoni accpeted the affidavit of Correa and decided to terminate the proceedings and reset it to Dec. 19, 2005.
