Prosecutor junks move to defer proceedings
The Lapu-Lapu City Prosecutor denied the motion filed by the five Highway Patrol Group (HPG) policemen accused in the ambush-slay of lawyer Noel Archival asking for the deferment of the preliminary investigation while waiting for further orders from the Department of Justice (DOJ).
Prosecutor Rodrigo Tagaan, in his order, explained that he is only given 60 days to resolve the charges of multiple and frustrated murder charges against Senior Supt. Romualdo Iglesia, Senior Supt. Joselito Lerion, Chief Insp. Eduardo Mara, SPO4 Edwin Galan, PO1 Alex Bacani, and five unidentified persons.
Otherwise, the prosecutor will be held liable for failing to resolve cases on time.
Lawyer Inocencio De La Cerna, counsel of the five HPG policemen, said they will submit the necessary pleadings before Tagaan.
De La Cerna said he will explain to his clients that they might as well let Tagaan resolve the case.
“I have to assure my clients that Prosecutor Tagaan has a good appreciation of the case. I think he’s not taking sides. Whatever resolution he will come up with, I think, is in consonance with the law, equity, and justice,” he said in an interview yesterday.
De La Cerna earlier requested the entire Cebu Provincial Prosecutors’ Office to inhibit themselves from handling the case against the five HPG policemen.
The respondents also wrote Justice Secretary Leila de Lima, asking her to take over the case.
They 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.
While waiting for further order from the DOJ, Regional State Prosecutor Fernando Gubalane appointed Tagaan to conduct the preliminary investigation against the respondents.
De La Cerna denied accusations that the pleadings he filed were intended to delay the resolution of the case.
“We are not delaying this case. In fact, we were told by the prosecutor that there are documents which have yet to be furnished to us. We file supplemental counter-affidavits in the coming days,” he said.
He said he has to exhaust all legal remedies to save his clients from indictment.
“I believe this case is still raw. In fact, the National Bureau of Investigation (NBI) is still continuing its investigation,” De La Cerna said.
The NBI earlier identified the five HPG policemen as among those who conspired in killing Archival and his companions.
Archival, along with his companions Candido Miñoza, Alejandro Jaime, and Paolo Cortes were ambushed while traversing the national road in Dalaguete town on their way to Cebu City from a hearing in Dumaguete City last Feb. 18.
Only Cortes, Archival’s on-call assistant, survived the attack.
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