TO avoid any suspicion of bias, the Cebu Provincial Prosecutors’ Office has decided to inhibit from the ambush-slay case of lawyer Noel Archival and his companions.
Although there is no legal ground for them to let go of the case, Cebu Provincial Prosecutor Pepita Jane Petralba said the ‘mistrust’ of five suspects who are members of the Highway Patrol Group was the reason, have repeatedly manifested “mistrust” toward the local prosecution office.
“We definitely don’t agree with insinuations that we are biased. But the respondents believe that we could not dispense justice in this particular case. So it would not be prudent for us to proceed with the preliminary investigation,” she told reporters yesterday.
Petralba said she will forward the records of the case to Regional State Prosecutor Fernando Gubalane and Department of Justice in Manila.
“If the DOJ will decide to let the Cebu Provincial Prosecutors’ handle this case, then I will appoint another panel of prosecutors to conduct the preliminary investigation,” Petralba said.
She said the private counsel of the Archival family can still file a motion for reconsideration before the Provincial Prosecutors’ Office on the issue of their voluntary inhibition.
Petralba earlier formed a five-member panel to conduct the preliminary investigation against Senior Supt. Romualdo Iglesia, Senior Supt. Joselito Lerion, Chief Insp. Eduardo Mara, SPO4 Edwin Galan, PO1 Alex Bacani, and several unidentified persons whom the National Bureau of Investigation named as suspects in the ambush-slay of Archival and his companions.
The panel was composed of Assistant Provincial Prosecutors Petronio Elesterio, Jay Paradiang, Rustom Presas, Ferdinand Collantes and Al Rey Ouano.
Defense lawyer Inocencio dela Cerna had earlier sent a letter to Justice Secretary Leila de Lima, requesting the latter to take over the case.
He said Archival’s brother, Cebu City Councilor Nestor Archival, “wields considerable power and influence” which would compromise the investigation by the prosecutors’ office.
Lawyer Hasan Bargamento, Dela Cerna’s associate lawyer, said they would not allow any prosecutor in Cebu to handle the case.
Although the inhibition would delay the resolution of the case, Bargamento said it would not matter as long as the investigation will be just.
Archival, along with his companions Candido Miñoza, Alejandro Jaime, and Paolo Cortes were ambushed inside their vehicle while traversing the national road in Dalaguete town, south Cebu in the afternoon of Feb. 18, 2014 from a hearing in Dumaguete City. Only Cortes survived the attack.
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