City fiscals in quandary over cop’s murder case

The city prosecutor’s office is seeking the advice of the Department of Justice on how to go about the pending complaint against controversial policeman Arnulfo Pigon.

This after Pigon asked the DOJ to reinvestigate the complaint for murder filed against him for the shooting of Sta. Fe mayoralty bet Rogelio Illustrisimo.  Prosecutors earlier found probable cause to formally charge the policeman in court.

City prosecution chief Nicolas Sellon said that Pigon’s move is “un-procedural” because a motion for reinvestigation or a motion for reconsideration is normally filed with the office that rendered the resolution on the complaint.

“I am contemplating writing a letter to the DOJ kay basin unya ma-conflict ang among actions.  This is the safest course of action,” Sellon told The Freeman.

Sellon added that if procedure is to be strictly followed, they can already file the information for murder in court considering that Pigon did not file a motion for reconsideration within the time given to him.

 The 15-day period lapsed the other week but prosecutors opted to wait for a few more days thinking that the motion might have been sent through postal mail.

Last week, however, instead of a Motion for Reconsideration, prosecutors received a furnished copy of Pigon’s motion for reinvestigation to the DOJ.

“This is un-procedural because a Motion for Reinvestigation or a Motion for Reconsideration is normally filed to the office that issued the resolution…we will send a formal communication to the DOJ to show that we are not biased and we are not rushing the case,” Sellon said.  In his Motion for Reinvestigation, Pigon asked the DOJ to hold in abeyance the filing of a formal charge in court until after reinvestigation. He also reiterated that the case against him should be transferred to Manila because his witnesses are reportedly living there. 

“In the interest of justice, a transfer of hearing and the re-investigation of the case should be conducted to avoid bias and prejudice against the herein accused and to effect an objective evaluation of the merits of the case in determining whether or not probable cause exists,” Pigon said.

He alleged that he was not adequately given the chance to present his defenses or contest the charge and that if his request for transfer will be granted, he will be able to present evidence to prove that he did not commit the offense.

He said that the transfer of the case to Manila is necessary because of alleged threats to his life.

Sellon already told the DOJ earlier that he was not aware of threats to Pigon’s life and that the prosecutor’s office has not received any complaint regarding any such threat.

In indicting Pigon to the murder charge, prosecutors said the former policeman’s alibi of reportedly being in Cupang, Antipolo, on the day of the shooting last May 2, cannot prevail over the positive identification made by the “disinterested witnesses”.  At least three witnesses have identified Pigon as the gunman.

Prosecutors, however, cleared from charges Pigon’s co-respondent, Domingo Zaspa, Illustrisimo’s political rival.  Zaspa was suspected to have masterminded the shooting after he ran away from the crime scene and after he was allegedly seen talking with Pigon in a popular uptown hotel shortly after the shooting.

Illustrisimo was shot outside the provincial Commission on Elections office shortly before noon on May 2 shortly after the hearing of the disqualification case Zaspa filed against him.

Pigon, a former operative of the Special Weapons and Tactics Team in Mandaue City, has denied the allegations, alleging that the case is scripted and that he was but a fall guy.  — Joeberth M. Ocao/BRP