The five operatives of the Highway Patrol Group in Central Visayas (HPG-7) are asking the Cebu Provincial Prosecutors’ Office to stop investigating the case where they are tagged as suspects in the killing of Noel Archival and his two aides.
“It is humbly prayed of, in the interest of justice and fair play, that the proceedings herein for the conduct of preliminary investigation be deferred and held in abeyance, pending the outcome and resolution of the request (for inhibition of the provincial prosecutors),” said lawyer Inocencio dela Cerna in a pleading he filed in behalf of the HPG-7 policemen.
Senior Supt. Romualdo Iglesia, Senior Supt. Joselito Lerion, Chief Insp. Eduardo Mara, SPO4 Edwin Galan, and PO1 Alex Bacani earlier asked Justice Secretary Leila de Lima to take over the case.
Dela Cerna said Archival’s brother, Cebu City Councilor Nestor Archival, “wields considerable power and influence” which will compromise the investigation conducted by the Provincial Prosecutors’ Office.
Yesterday morning, Dela Cerna also submitted before the Regional Trial Court a supplemental to the motion to quash the search warrants in an attempt to disqualify as evidence the items seized by the National Bureau of Investigation (NBI) from a red Toyota Vios believed to be used to attack Archival and his companions.
Dela Cerna said search warrants should be based on personal knowledge of the applicant, in this case the NBI, that the subjects are in possession of the objects used in committing the offense.
“Otherwise, lack of personal knowledge by the applicant, the search becomes a fishing expedition,” he said.
Dela Cerna said the search warrant was based on the testimony of the lone survivor who claimed to have seen the plate number of one of the vehicles used in the crime.
The survivor, Paolo Cortes, said the car used in the crime had a plate number GSR 995. However, the red Toyota Vios seized by the NBI bears the plate number GSC 675.
Executive Judge Soliver Peras of the Regional Trial Court will hear the motion to quash on May 8.
Archival, along with his companions Candido Miñoza, Alejandro Jaime, and Cortes were ambushed inside their vehicle while traversing the national road in Dalaguete town, south Cebu in the afternoon of Feb. 18, 2014.
Only Cortes, Archival ’s on-call assistant, survived the attack.