Archival’s camp asks DOJ: Conduct hearings in Cebu

CEBU, Philippines - For failure to cite valid reasons, the family of late lawyer Noel Archival asked the Department of Justice to deny the request of Regional Highway Patrol Unit-7 officials to transfer the conduct of the preliminary investigation into the multiple murder and frustrated murder in Manila.

Through lawyer Gloria Dalawampu, the family last Monday formally filed their opposition to the letter-request filed by the respondents for inhibition of the Office of the Provincial Prosecutor in Cebu and transfer of the preliminary investigation in Manila before the Office of the Department of Justice.

“Respondents have not shown circumstances that can question Office of the Provincial Prosecutor-CEBU’s fairness, independence and impartiality in the investigation of cases. Respondents failed to cite causes that could conceivably erode the trait of objectivity of OPP-CEBU as an investigating agency,” the opposition reads.

RHPU-7 chief, Sr. Supt. Romualdo Iglesia, Sr. Insp. Joselito Lerion, Chief Insp. Eduardo Mara, SPO4 Edwin Galan and PO1 Alex Bacani earlier asked DOJ Secretary Leila de Lima to conduct the preliminary investigation of the complaints filed against them, claiming they cannot get a fair decision here.

They were accused in the ambush-slay of Archival, his driver Alejandro Jayme and bodyguard Candido Miñoza on February 18, 2014 while they were on their way to Cebu City from Dumaguete. Paolo Cortes, another companion of Archival, survived the ambush.

“The complaint against the respondents was initiated none other by Nestor Archival, the brother of Atty. Archival, who is currently an incumbent councilor of Cebu City. As a city councilor, it is beyond doubt that Nestor wields considerable power and influence over the City of Cebu and already he has displayed this power when the Sangguniang Panlungsod passed several resolutions all in support of his complaint but directed against the respondents,” Iglesia, Lerion, Mara, Galan and Bacani said, adding there was this “likelihood” that Noel’s influence and power will eventually reach the Office of the Provincial Prosecutor.

Thus, they said there is no way they could expect a fair, just and descent treatment from any of the investigating body in Cebu City. One good example of that pressure is the immediate relief of them from their former posts RHPU-7 and transfer to PHAS, Camp Crame, Quezon City, they added.

But Dalawampu countered that the bare allegation of the respondents “of OPP-Cebu’s bias, bad faith and partially without legal and factual bases is not enough.” For the OPP-Cebu to inhibit, she said it must be on valid grounds and not on mere suspicion.

Dalawampu said there is no way for Councilor Archival to persuade the OPP-Cebu. In fact, he does not have the power and influence on OPP-Cebu contrary to the claim of the respondents.

She said the City Council passed a resolution requesting the Philippine National Police to conduct an inventory of all vehicles of HPG-7 and to require all HPG-7 to surrender all their firearms for ballistic examinations in the absence of councilor Nestor. Such request, she said remained enacted.

Dalawampu also said if the investigation will be conducted in Manila, it is risky for the parties in terms of safety.

“…the transfer of the preliminary investigation to DOJ-Manila could expose more peril on the safety of the parties, the witnesses and their lawyers. Security and safety of persons can better be addressed if the investigation is conducted in Cebu City only,” she said.

Dalawampu also said that the evidences were all in Cebu.

Meanwhile, Atty. Inocencio dela Cerna, legal counsel of the respondents presented yesterday three cartographic sketches he obtained from the Special Task Group of the PNP believed to be the responsible for the ambush-slay of Archival and his companions.

Dela Cerna questioned why his clients were penned by the National Bureau of Investigation-7 when in fact there was a cartographic sketch identified by Cortes, the lone survivor, allegedly tailing them. — (FREEMAN)