The lawyer of Ozamiz City Vice Mayor Nova Princess Parojinog and Reynaldo Parojinog Jr. said Tuesday they are "seriously considering" filing charges against the Criminal Investigation and Detection Group for exceeding the 36 hours detaining period without inquest proceedings.

"We are seriously considering filling charges for violation of article 125 of the revise penal code because they have exceeded 36 hours detaining our clients without inquest and no filed charges", Ferdinand Topacio, the Parojinog siblings' lawyer told reporter in Camp Crame after the inquest proceeding.

The siblings were arrested on Sunday in a raid of the Philippine National Police where 16 people died including their father Ozamiz City Mayor Reynaldo Parojinog Sr. and his wife.

The Parojinog siblings will be charged for illegal possession of firearms explosives at illegal possession of prohibited drugs.

The Department of Justice submitted a resolution based on the evidence presented by police criminal investigators after the siblings refused to waive their right for preliminary investigation, Topacio said.

"We told them it is past 36 hours but the decision of the panel or the prosecutors in the leadership of Senior Assistant State Prosecutor Juan Pedro Navera is that this case should continue, this is inquestable and that the arrest is valid", he said.

Topacio said the siblings should be released since there are "no basis in detaining them".

Inquest proceeding on the case of the Parojinog siblings was to be on Monday but it was moved on Tuesday at 2:00 to 3:30 pm.

According to the Criminal Investigation and Detection Group the inquest proceeding was moved due to "special circumstances", Topacio said.

He said according to the law a detainee with grave felony or capital offence cannot be held for more than 36 hours without inquest proceedings especially if the person is no longer subject for warrant of arrest.

Police criminal investigators presented about 1 kilo of shabu in the inquest proceeding, he said

Topacio said they just received the inventory, search warrant, arrest report and affidavit of arrest on the day of the inquest proceeding.

He assured that the viral video of Nova Parojinog during the raid of the police where she tried to hide a seemingly white piece of sachet is not shabu.

"It is not what it seems but we will tell you the story at the proper time of a case is filed in court", Topacio said.

Topacio said they are studying where to file a request to allow the siblings visit their parents' wake in Ozamiz City. Alanna Ambi/DMS