Rolando Espinosa Sr.
NBI investigation says Espinosa Sr. was murdered; raiding team charged with multiple murder
This is a premeditated killing, superiority of force and defenseless. Helpless ’yong victims dito (The victims here are helpless).”
This was the statement of National Bureau of Investigation spokesperson Ferdinand Lavin as he revealed the results of the investigation conducted by the bureau into the death of Albuera, Leyte, Mayor Rolando Espinosa Sr. and his fellow inmate Raul Yap, who were killed inside the Baybay Sub-Provincial Jail in Leyte on November 5.
The NBI filed before the Department of Justice (DOJ) multiple murder and perjury cases against 24 members of the Philippine National Police’s Criminal Investigation and Detection Group (PNP-CIDG) Regional Office No. 8 in connection with the killing.
“It is patently clear that the acts of the CIDG-8 operatives showed a community of purpose or an implied conspiracy. There was unison in their purpose and action, signifying that they were all moved by a single criminal intent,” the 17-page criminal complaint read.
Facing a complaint for multiple murder are Superintendents Marvin Wynn Marcos, CIDG-8 regional director and Santi Noel Gaspang Matira, supervising officer of the operation; Chief Insp. Leo Daio Laraga, team leader; Senior Inspectors Deogracia Pedong Diaz and Fritz Bioco Blanco; Senior Police Officers 4 Juanito Ampado Duarte, Melvin Mendoza Caboyit and Eric Palattao Constantino; SPO2 Benjamin Layague Dacallos and Alphinor Milla Serrano Jr.; PO3 Johnny Abuda Ibanez, Norman Tiu Abellanosa and Lloyd Ortinez Ortiguesa; PO2 Niel Patrimonio Centino; and PO1 Bernard Rodriguez Orpilla, Jerlan Sadia Cabiyaan, Cristal Jane Briones Gisma and Divine Grace Baclas Songalia, all assigned at CIDG Regional Office No. 8 in Port Area, Tacloban City; as well as Chief Insp. Calixto Cabardo Canillas Jr., Insp. Lucresito Adana Candelosas, SPO2 Antonio Romangca Docil, SPO1 Mark Christian Castillo Cadilo, PO2 John Ruel Baldevia Doculan and Jaime Pacuan Bacsal, all assigned at Regional Maritime Unit (RMU) 8.
The NBI also recommended the filing of charges for violation of Article 129 of the Revised Penal Code for the search warrants that were “maliciously obtained.” A separate charge of perjury was recommended to be filed against their witness Paul Olendan. Olendan is now missing.
Wheels of Justice
Lawyer Leilani Villarino, legal counsel of the Espinosa family, said they were extremely happy with the development of the case.
“The family of the late Mayor Espinosa is very pleased that the wheels of justice are starting to turn,” she said in a text message to CDN.
“From the day the mayor was mercilessly shot, they have been praying that those responsible for his murder will be ultimately charged. They also wish to thank the NBI for their swift action,” she added.
Mayor Espinosa Sr.’s sister-in-law Emma said they are hoping that the respondents will soon be convicted and face the consequences of their actions.
“We’ve just started. But at least, we have seen the light. We hope and pray that justice will really be served in due time,” Emma told Cebu Daily News in an interview.
She said that from the start, they believed Mayor Espinosa was purposely killed by the raiding team. She said they were happy that investigators, including the Senate, were convinced that the mayor was a victim of extrajudicial killing.
Search warrant
The policemen entered the Baybay jail on the basis of a search warrant issued by Tarcelo Sabarre Jr., executive judge of Regional Trial Court Branch 30 in Basey, Samar.
Members of the Scene of the Crime Operatives stand outside the jail cell of slain Albuera, Leyte Mayor Rolando Espinosa Sr. on Nov. 5, 2016, as they wait for further instructions. (PHOTO BY ROBERT DEJON/ INQUIRER VISAYAS)
Investigation conducted by the NBI showed that Olendan, whose testimony was used as basis for the search warrant, lied in court.
Olendan said that on Oct. 28, he was at the Baybay jail and saw Yap repacking “shabu” inside his cell while Espinosa was holding a firearm.
However, according to Lavin, witnesses said Olendan was in Tacloban on that day.
“We were able to establish that Olendan did not go inside or anywhere near the (Baybay jail). He was in Tacloban, 130 kilometers away from Baybay.
This was testified to by his coworkers. Nag-biometrics pa siya doon (He even had his biometrics there),” Lavin said, adding that even the assistant principal of Leyte National High School testified that Olendan reported for work on the said date.
Lavin added that the jail guards and inmates also testified that Olendan was not inside the jail on Oct. 28.
“We believe that the search warrant was a cover to legitimize the operation,” Lavin said.
Entry
Contrary to the police’s claim during the Senate inquiry that they entered the Baybay jail at 4:10 a.m., CCTV footage from the Department of Public Works and Highways office nearby showed that they went inside the premises at 3:05 a.m. on Nov. 5.
During the Senate inquiry, the police said they called Scene of the Crime Operatives (Soco) at 3:49 a.m. According to the NBI, the police are already finished with the operation by that time.
NBI Assistant Regional Director Jerry Abiera, who led the forensic team in conducting an investigation at the crime scene, said jail guards and policemen were ordered to face the wall while some inmates were transferred to another cell at the time of the killing.
MAYOR’S WAKE. Residents of Albuera town in Leyte province pay their respects in this Nov. 14, 2016 photo to their mayor, Rolando
Espinosa Sr., who was killed under doubtful circumstances by police officers inside the Baybay jail. (INQUIRER FILE PHOTO)
An inmate also testified that the operatives asked Yap his name and case before he was killed.
Espinosa, according to an inmate, was heard saying, “Magandang umaga po. Wag n’yo akong lagyan. Wala akong ganyan (Good morning. Don’t plant anything against me. I don’t have any).”
After Espinosa was killed, another witness said a police operative wearing gloves and carrying a gun entered the mayor’s cell.
“The witness said when the man went out, he was no longer carrying the gun,” Lavin said.
Trajectory
On the trajectory of the shots, Lavin said if there was a shootout, there would have been shots fired toward the door, but there were none.
Lavin said another operative made a “thumbs-down” signal and opened fire at the prison cells.
“It’s a rubout. Our findings show there was no shootout between Mayor Espinosa and the policemen,” said Lavin during a press conference.
However, he said the NBI was not able to recover the footage because the hard drive of the CCTV was missing.
Still, “the forensic team did their best to recreate the crime scene. Our forensic findings are consistent with the testimonial evidence,” said Lavin.
“We respect the findings of the police, but these are the findings of the NBI and we stand by our findings. We believe there is criminal intent. There was community of purpose, there was mission in their action, there was conspiracy,” he said.