Supt. Marvin Marcos (right) and one of his coaccused in the murder of Albuera, Leyte Mayor Rolando Espinosa Sr. arrive at the court that issued arrest warrants for them.
/Inquirer file photo
The Department of Justice (DOJ) has downgraded from murder to homicide the case against police officers led by Superintendent Marvin Marcos for the killing of Albuera, Leyte, mayor Rolando Espinosa and another inmate inside their detention cell at the Baybay sub-provincial jail in Leyte last year.
Marcos and 10 of his men — S/Insp. Deogracia Pedong Diaz III, C/Insp. Calixto Canillas Jr., Insp. Lucresito Candelosas, SPO2s Benjamin Dacallos and Antonio Docil, SPO1 1 Mark Christian Cadilo, PO3 Norman Abellanosa, PO2s John Ruel Doculan and Jaime Bacsal, and PO1 Jerlan Cabiyaan — were charged with two counts of murder for allegedly being involved in the killing of Espinosa and Raul Yap.
Four other police officers were charged for the killing of Espinosa — Supt. Santi Noel Matira, C/Insp. Leo Daio Laraga, SPO4 Melvin Caboyit and PO3 Johnny Abuda Ibanez. Four others for the murder of Yap: S/Insp. Fritz Bioco Blanco, SPO4 Juanito Duarte, PO2 Lloyd Ortiguesa and PO1 Bernard Orpilla following the March 2 resolution by the DOJ.
The accused filed a petition for review with the DOJ and released a resolution last May 29 and ordered the Leyte prosecutor to amend the information (charge sheet) in court.
“It is respectfully prayed of this Honorable Court to recognize and give weight to the said resolution on the petition for review before the DOJ and after due hearing, grant leave for the public prosecution to amend and downgrade the Information for Murder to Homicide in these cases,” stated the motion filed before the Baybay City Regional Trial Court Branch 14 and signed by Provincial Prosecutor Ma. Arlene Hunamayor-Cordovez.
Cordovez filed the motion upon orders of the DOJ.
A case for murder is filed if it is proven that it was attended by any of the qualifying aggravating circumstances under Article 248 of the Revised Penal Code.
In this case, the March 2 resolution noted that the death of Espinosa and Yap were attended by treachery and the respondents used stealth to carry out the raid and that they clearly outnumbered and out-armed the victims.
Homicide is a bailable offense. A case for homicide is filed if there is no qualifying circumstances of murder or there is not enough evidence to prove the qualifying circumstance as in this case — treachery and evident premeditation.