Three of five police officers implicated in the Feb. 18 killing of lawyer Noel Archival and his companions will stand trial for multiple and frustrated murder.
The information which detailed the charges were filed yesterday against Senior Supt. Romualdo Iglesia, Senior Insp. Joselito Lerion and PO1 Alex Bacani of the Highway Patrol Group before the Regional Trial Court in Argao town, southern Cebu.
No bail was recommended.
Their earlier motions for reconsideration were denied.
The issues raised would be better off examined in a full blown trial, said Prosecutor Jesus Rodrigo Taga-an in his resolution.
Two other HPG policemen—Chief Insp. Eduardo Mara and SPO4 Edwin Galan—were earlier cleared of charges of lack of evidence.
Abeyance
Defense lawyer Inocencio De La Cerna immediately asked Judge Maximo Perez of the RTC Branch 26 in Argao to hold off issuing warrants of arrest warrants.
Or if warrants are issued, “we will ask the court to detain them in Camp Crame”, where the three are supposed to be under “camp restriction” at the PNP Custodial Center.
De La Cerna, who represents Lerion, asked the court to conduct a hearing on Oct. 2 to determine if there was probably cause to indict them..
“It’s our strong belief that the charges against the accused could have been dismissed right from the beginning,” he said.
De La Cerna is joined by Manila-based lawyers Reynaldo Lugtu and Joselito Frial in defending the three HPG policemen.
The Archival family welcomed the progress of the case.
“We’re glad that finally the case has been filed in court. Our family, friends, and lawyers are gearing up for a full court battle. Finally, we can meet them face to face,” said the victim’s younger brother Nelson, a councilman of barangay Talamban in Cebu City.
The family’s lawyers Democrito Barcenas and Gloria Lastimosa-Dalawampu they will ask the Supreme Court to transfer the venue of the trial from Argao Cebu City.
Safety
“This is not because we don’t trust Judge Perez. This is because we want to assure the safety of the complainants, our witnesses, lawyers, and even the media,” said Barcenas.
Prosecutors gave weight to the testimony of Paolo Cortes, the lone survivor in the ambush.
Archival was on the road with his bodyguards Candido Miñoza, Alejandro Jaime, and Cortes when their vehicle were raked with gunfire along the national road in Dalaguete town in southern Cebu.
Axe to grind
The National Bureau of Investigation (NBI) traced the red sedan and gray pickup used in the attack to the HPG headquarters in Cebu City.
Prosecutors said there was a conspiracy among the accused “to do harm to Atty. Archival” because the police had an axe to grind against the lawyer who had tangled with the HPG several times while defending his client.
The firearms used included a 5.56 Armalite rifle, a standard government issue firearm for the military and police.
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