Fiscals inhibit from Archival murder case

CEBU, Philippines - The Cebu Provincial Prosecutor’s Office has inhibited from resolving the complaints filed against the officials of the Regional Highway Patrol Unit tagged in killing lawyer Noel Archival.

Though she approved the order of the panel of prosecutors, Cebu Provincial Prosecutor Pepita Jane Petralba said it is still subject to a motion for reconsideration.

“The inhibition is merely on the ground of mistrust. We will weigh everything if a motion for reconsideration will be filed,” said Petralba.

Prosecutors Petronio Elesterio, Ferdinand Collantes, Rustom Presas, Jr., Jay Paradiang and Al Rey Quano came to a unanimous decision and inhibited from resolving the multiple murder and frustrated murder cases on the ground of “mistrust” and not on the legal aspect.

“The panel of prosecutors maintains that the motion for inhibition did not cite any valid ground to justify their inhibition. However, to uphold and preserve the integrity and credibility of the office and in order to avoid any suspicion of bias or prejudice, the panel voluntarily inhibits and moved to be relieved of their responsibility,” the order reads.

Petralba said she will furnish the Department of Justice  a copy of the order to keep them updated and will transmit the whole records of the case to the Office of the Regional State Prosecutor.

Earlier, RHPU-7 chief, Sr. Supt. Romualdo Iglesia, Sr. Insp. Joselito Lerion, Chief Insp. Eduardo Mara, SPO4 Edwin Galan and PO1 Alex Bacani filed a motion before the Cebu Provincial Prosecutor’s Office seeking for the prosecutors’ inhibition from handling the preliminary investigation in the interest of “fair play.”

Aside from the motion filed before the Prosecutor’s Office, the respondents also filed a request before the DOJ seeking for the transfer of the preliminary investigation in Manila, citing Archival’s elder brother, incumbent Cebu City Councilor Nestor Archival’s potential influence to the prosecutor’s office.

Lawyer Hazan Bargamento, one of the legal counsels of the respondents, said the approval of the Prosecutor’s Office is not really considered as a “win.”

Bargamento said all they wanted is for their clients to be given fair play. They believed their clients’ innocence.

Lawyer Gloria Lastimosa-Dalawampu, legal counsel of the Archival family, for her part, said the panel ruled to inhibit eventhough no valid ground was cited.

Dalwampu considers it “a cowardice and remiss of duty to run away with the tail between the legs.”

“As a prosecutor, not one did I stand my ground even if it means losing a promotion  or a position. Since the panel has clearly shown lack of moral and legal fiber and resists duress and threats, I am but happy they did inhibit. For in this kind of sensitive and high profile multiple murder case with suspects who are high ranking police officers, we need men not boys to handle the case,” the lawyer said. —/NSA (FREEMAN)