DESPITE the inhibition of the Cebu Provincial Prosecutors’ Office from the investigation into his brother’s murder, Talamban barangay councilman Nelson Archival isn’t discouraged.
“Eventually all of them will answer for the crime they committed,” Archival said in reference to the persons responsible for the ambush of his lawyer-brother Noel Archival last Feb. 18.
Last Friday, Regional State Prosecutor Fernando Gubalane designated Deputy Lapu-Lapu City Prosecutor Rodrigo Tagaan to investigate the five Highway Patrol Group (HPG) policemen accused of the murders.
The entire Cebu Provincial Prosecutors’ Office decided to inhibit from the case claiming they want to erase any suspicion of bias.
“The blood of my brother will clearly be seen on their hands at the proper time and that is soon to happen. They will pay for the brutal death of my brother,” the barangay councilman said.
Men, not boys
Tagaan will act as Acting Cebu Provincial Prosecutor and his resolution no longer needs the approval of higher officials in the prosecution office.
Gloria Lastimosa-Dalawampu, the Archival family’s lawyer, described the inhibition of the provincial prosecutors as “cowardice”.
“I am but happy they did inhibit, for in this kind of sensitive and high-profile multiple-murder case with suspects who are high-ranking police officers, we need men not boys to handle the case,” Dalawampu said.
Cebu Provincial Prosecutor Pepita Jane Petralba said the five policemen of the HPG-7, who were named suspects in the case, repeatedly manifested “mistrust” toward the local prosecution office.
Inocencio De La Cerna, counsel of the respondents, earlier wrote Justice Secretary Leila de Lima, asking her to take over the case.
Reconsideration
He said Archival’s brother, Cebu City Councilor Nestor Archival, “wields considerable power and influence” which would compromise the investigation by the prosecutors’ office.
De La Cerna’s request was denied by Prosecutor General Claro Arellano last May 14, 2014. The respondents are seeking reconsideration of the DOJ’s order.
Chief Senior Supt. Romualdo Iglesia, Chief Senior Insp. Joselito Lerion, Chief Insp. Eduardo Mara, SPO4 Edwin Galan, PO1 Alex Bacani and several unidentified persons are facing charges of multiple and frustrated murder for the deaths of Archival and his companions last Feb. 18.
When sought for comment on the recent order of the Regional State Prosecutor in appointing a prosecutor from Lapu-Lapu City to conduct the probe, de La Cerna refused to divulge what they will do next.
“Daghan pero dili ko magsaba (We have several things to do and I won’t reveal them),” de La Cerna said.
Fair playing field
Lawyer Hasan Bargamento, one of the lawyers of the respondents, said they would not allow any prosecutor from Cebu to handle the case.
“All we want is a fair playing field with regard to the conduct of the preliminary investigation,” he said.
Although the inhibition would delay the resolution of the case, Bargamento said it would not matter as long as the investigation will be just.
“We’re confident in our case because there really is no evidence against the respondents,” he said.
But Gubalane said it is not up to the respondents’ lawyers to choose who shall handle the case against their clients.
“The call is not theirs. It’s us who get to decide who shall handle the case against the respondents,” Gubalane said.
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