Archival’s family says: Warrant on RHPU valid

CEBU, Philippines - The family of slain lawyer Noel Archival has reiterated its opposition to the request of Archival’s alleged killers for the court to quash the warrant used to search the impounding area of the Regional Highway Patrol Unit (RHPU).

That search led to the discovery of the vehicle allegedly used by the suspects, all officials of RHPU, during the ambush on February 18 in Dalaguete town. Tagged in the killing are RHPU-7 chief, Senior Superintendent Romualdo Iglesia, Senior Inspector Joselito Lerion, Chief Inspector Eduardo Mara and Senior Police Officer 4  Edwin Galan.

“Apparent in the case at bar and as aptly found by the issuing Court, there was probable cause justifying the issuance of Search Warrant No. 0119-03-1914-10.  This was established by the Affidavits, depositions and the testimonies given by the applicant and his witnesses who had personal knowledge of facts indicating that the crime of murder had been committed and that the vehicles sought in connection with the offense were in the place sought to be searched,” reads the family’s 15-page memorandum filed through lawyer Gloria Dalawampu.

It was Regional Trial Court Judge Soliver Peras who granted the application of the National Bureau of Investigation – 7 for the issuance of a search warrant on grounds that the suspects were in possession of the vehicles used during the ambush.

On March 20, 2014, the NBI served the warrant and searched the Impounding Area of HPG in Sitio Sudlon, Barangay Lahug where they recovered a red Toyota Corolla Vios with plate No. GSC 675.

The other vehicles listed in the warrant were a red Toyota Corolla Vios with plate No. GSR 995, a gray Mitsubishi Strada with plate No. ZEZ 932, and a gray Mitsubishi Strada with plate NO. NVD 594.

Dalawampu stressed that there was enough sufficient justification for the issuance of the warrant, considering it was Peras himself who examined the witnesses for three hours.

She said that the lone survivor in the ambush, Paulo Cortes, described clearly in his sworn statement that their vehicle was blocked by a red Toyota Vios with plate no. GSR-995 and a gray Mitsubishi Strada pick-up before the suspects, using high-caliber firearms, peppered their vehicle with bullets. 

Dalawampu also cited the statement of NBI Special Investigator III Larry Dominguez who said that he and other NBI agents gathered surveillance videos from different CCTV cameras in Dalaguete, Argao, Carcar City and Naga City. The videos reportedly show a silver-gray Mitsubishi Strada followed by a red Toyota Vios that were heading toward Cebu City.

The NBI-7 said the plate numbers of the vehicles have been swapped.

Meanwhile, the Department of Justice (DOJ) is yet to decide on the request of the respondents to transfer to Manila the preliminary investigation of the frustrated murder and multiple murder charges against them and Senior Police Officer 1 Alex Bacani.

The respondents have filed their respective counter-affidavits before the Provincial Prosecutor’s Office to deny the charges formally.

They said there is no clear evidence that can link them the killing of Archival and his staff members Candido Miñoza and Alejandro Jaime.

The victims were driving from Dumaguete City where Archival attended a hearing as counsel of an alleged robbery mastermind. – (FREEMAN)