Senate President Aquilino “Koko” Pimentel III on Wednesday saw the need for the reopening of the Senate probe on the killing of Albuera, Leyte Mayor Rolando Espinosa Sr. to find out why the murder charges against the police involved in the slay were downgraded to homicide.
“The best way for the Senate to be involved is to reopen the hearing and request for copies of the counter affidavits or whatever other papers or documents that the respondents filed. And ask the DOJ (Department of Justice), the panel which handled the preliminary investigation on what convinced them, or what moved them to change their mind that murder was not committed but instead homicide,” Pimentel said in an interview at the Senate.
“Kasi in fairness to everybody, we had hearings here in the Senate but of course a preliminary investigation follows a different procedure, submission of counter affidavits. So I think the best way is to reopen the hearing and then require the submission of these counter affidavits so that the senators will have the transcript before them…” he said.
Pimentel, a lawyer, said it was possible that the testimonies given during the Senate investigation were different from that of the counter affidavits submitted in court.
In March, the Senate committee on public order and dangerous drugs chaired by Senator Panfilo “Ping” Lacson recommended the filing of murder charges against the policemen led by Supt. Marvin Marcos for the killings of Espinosa and another inmate, Raul Yap, while inside the sub-provincial jail in Baybay, Leyte, in November last year.
The DOJ had filed murder charges against the policemen, but it was later downgraded to homicide.