The Department of Justice (DOJ) has ordered the release from detention of John Paul Solano, one of the suspects in the death of University of Santo Tomas (UST) law student Horacio Castillo III.

But Prosecutor General Jorge Catalan told reporters Wednesday that Solano has not been cleared of any criminal liability.

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Solano, the DOJ said, would undergo preliminary investigation on Oct 4 and 9.

“We will be creating a three-member panel to conduct the preliminary investigation headed by [Assistant State] Prosecutor Susan Villanueva,” Catalan said.

“In this case, the respondent will be given the opportunity or chance to submit his answer or counter-affidavit,” he added.

In the resolution, the DOJ said an inquest is not the proper proceeding to be conducted for Solano who surrendered to Senator Panfilo Lacson last week.

An inquest proceeding is a summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without warrant.

“Gleaned from the evidence…Solano voluntarily surrendered himself to the police authorities thru the intercession of Senator Panfilo Lacson, hence, there was no arrest to speak of. It must be emphasized that at the time when the police authorities were looking for respondent, he was not then considered as a suspect but only as a person of interest,” stated in the DOJ resolution stated.

“Moreover, the instant complaint for violation of Article 183 of the Revised Penal Code (Perjury) is not proper for inquest investigation considering its summary nature which only carries a penalty of imprisonment from six months and one day to two years and four months,” the DOJ added.

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