Archival ambush: Survivor seeks warrants of arrest vs RHPU execs

CEBU, Philippines - The lone survivor in the February ambush that killed lawyer Noel Archival asked the court for the issuance of warrants of arrest against the former officials of the Regional Highway Patrol Unit-7.

Through lawyer Rameses Villagonzalo, Paolo Cortes filed a motion to issue arrest warrants against Senior Superintendent Romualdo Iglesia, Senior Inspector Joselito Lerion, and Police Officer 1 Alex Bacani.

Cortes also asked for an immediate resolution to determine the existence of probable cause against the accused.

No warrants of arrest were issued yet against the three former RHPU-7 officials because of the pending motion they filed for the determination of probable cause.

They denied responsible for the ambush that killed Archival and two of his companions.

According to Villagonzalo, the presiding judge has 10 days from the filing of the complaint to evaluate the resolution of the prosecutor and its supporting evidence if it has probable cause.

In case of doubt on the existence of probable cause, the lawyer said the judge may order to present additional evidence within five days from notice and the issue must be resolved by the court within 30 days from the filing of the complainant.

However, Villagonzalo said it has been over 70 days since cases for multiple murder and frustrated murder were filed and there was no resolution yet.

“Since then, plaintiff has consistently asserted that the Motion to Issue Warrants be immediately resolved, and that the warrants of arrest be issued by the Honorable Court. Thus, again, on the hearing of November 27, 2014, plaintiff again manifested in open court that the warrants of arrest be issued, given that so much time has lapse since the filing of the information, and this is violation of the Rules of Court and the rights of the complaint against the accused and of the People of the Philippines,” the urgent motion reads.

The lawyer added that the rules do not require the cases to be set for hearing to determine probable cause for the issuance of the warrants.

Archival, his driver Alejandro Jayme and bodyguard Candido Miñoza died after they were ambushed in Barangay Coro, Dalaguete, Cebu on February 18, 2014. Cortes, Archival’s on-call assistant, survived. — Mylen P. Manto/NSA (FREEMAN)