New move of suspects opposed

CEBU, Philippines - The camp of slain lawyer Noel Archival has asked the court to defer the hearing of the motion for determination of probable cause filed by former officials of the Regional Highway Patrol Unit (RHPU)-7, the suspects in Archival’s killing.

Democrito Barcenas, one of the lawyers of Archival’s family, said the motion of the suspects is “very defective.”

Barcenas said the motion filed by Senior Inspector Joselito Lerion violates the rules of court because Archival’s family still has not received a “notice of service” to show that they have been made aware of the motion either by personal delivery or by mail. 

“…until this time, I haven’t received any copy of the motion for judicial determination of probable cause,” Barcenas said.

He said they are also eyeing the possibility of asking for the transfer of the case from Argao City to Cebu City for the safety of the complainant, witnesses, lawyers and the media.

Meanwhile, Senior Superintendent Romualdo Iglesia and PO1 Alex Bacani adopted Lerion’s arguments in his motion for judicial determination of probable cause.

The court has set the hearing of the motion on October 2, 2014.

Defense lawyer Inocencio dela Cerna said their camp will be filing a petition for review before the Department of Justice to question the resolution of acting provincial prosecutor Jesus Rodrigo Taga-an indicting Iglesia, Lerion and Bacani for multiple murder and frustrated murder.

Taga-an has dropped Chief Inspector Eduardo Mara and SPO4 Edwin Galan from charges for insufficiency of evidence.

Archival, his driver Alejandro Jayme, and bodyguard Candido Miñoza were traversing Barangay Coro, Dalaguete on February 18, 2014 when they were ambushed at around 1 p.m. (FREEMAN)