NBI officer-in-charge Nestor Mantaring said investigators are still determining whether the motive for the assassination of Gingoyon was work-related.
Mantaring added that, six days into the probe of Gingoyon’s death, they were still investigating Barcena’s possible involvement.
"He (Barcena) is not off the hook yet. He has not yet been cleared," he said.
Barcena has denied reports tagging him as the possible mastermind behind the killing.
Before Gingoyon was shot outside his residence on New Year’s Eve, the judge had confided there were threats to his life.
Earlier this year, his house had been peppered with gunfire and he had sought police assistance, suspecting that a chief of police in one of the towns of Cavite was behind the shootings.
The shooting occurred about a week after Gingoyon had objected to the promotion of the police chief.
Gingoyon had also objected to an award being given to the police chief, saying that Barcena routinely engaged in "planting" evidence to justify his arrests.
Sources close to Gingoyon said the police officer was the only known enemy of the judge.
Reports also tagged Barcena as the police officer who had an ongoing spat with Gingoyon.
Barcena admitted he had a "dispute" with Gingoyon but "it was purely legal in nature and entirely related to the performance of my duties as a police officer."
The former Bacoor, Cavite police chief also claimed he had been "vindicated" by a Supreme Court ruling that had reversed one of the rulings made by Gingoyon.
Gingoyon reportedly acquitted two Chinese nationals on drug charges, saying the evidence against them had been planted by the arresting lawmen.
Six days after Gingoyon was assassinated, Mantaring said they were still pursuing all possible angles in the case.
He said all indications showed the killing was related to the victim’s work as a judge.
Gingoyon was also the same judge who ruled last Jan. 7, 2005, that the government should pay P3 billion to Philippine International Air Terminals Co. (Piatco) for the takeover of the mothballed Ninoy Aquino International Airport Terminal 3 (NAIA-3).
NBI-National Capital Region (NCR) Director Ruel Lasala, however, admitted "there is no piece of evidence that would link Barcena to the crime."
And as of now, he said, there was no need to invite Barcena in for questioning.
Investigators said they would question Barcena at NBI headquarters if enough evidence warrants such an invitation.
Barcena vowed to make himself available for investigation to clear his name.
Police have already filed murder charges against six of the suspects who were arrested by the police and NBI operatives from Task Force Gingoyon headed by Southern Tagalog police director Chief Superintendent Jesus Versoza.
The suspects signed waivers against arbitrary detention pending the preliminary investigation of the case. They were given seven days to file counter-affidavits before prosecutors.
Mantaring explained the waiver allowed the suspects to be detained further while waiting for the resolution from prosecutors on whether there was enough evidence to warrant the filing of a criminal case.
He said the signing of the waivers would give the suspects an opportunity to submit their counter-affidavits.
This would also enable the Task Force Gingoyon to gather more evidence and strengthen the murder case filed against the suspects along with the mastermind.
Mantaring said investigators are working double-time to gather enough evidence to unmask the mastermind before the seven-day holding period lapses.
He said the NBI and Philippine National Police (PNP) are coordinating their efforts to arrest and charge all those involved in the murder.
"As far the killing is concerned, the case is already solved because we already have the gunman and the other real players. But it is still our target to look for the one who paid them, what is the motive," NBI Special Investigator Ana Labao said.
"There is no deadline but we hope that within the seven-day waiver period (until Jan. 11) given by the Prosecutor’s Office, we would be able to strengthen the case and find the mastermind," Labao added.
Gingoyon was gunned down by two men riding tandem on a motorcycle in Soldier Hills in Barangay Molino, Bacoor, Cavite on Dec. 31.
Gingoyon, 53, was walking home from a gym workout when he was waylaid by the gunmen a few meters from his residence.
The assassination triggered calls from various sectors to allow judges and members of the judiciary to carry firearms for their own protection.
But the call also elicited adverse reactions from other sectors pointing out that firearms will not necessarily solve the problem of violence against judges.
Supreme Court Associate Justice Renato Corona said the proposal to allow magistrates to carry firearms would turn the Philippines into "Marlboro country" — a reference to the lawless "wild west."
Corona said members of the judiciary should maintain its primary role as advocates of the rule of law.
"The Philippines will become a Marlboro country once each judge will carry firearms while conducting hearings with their sides bulging because of the holsters," Corona said.
Corona ironically made the statement while attending the inauguration of a firing range by Armscor, a gun-owners’ group, in Makati Square yesterday.
He said the idea of arming the judges and justices should only be a last resort.
"As with many things in life, we have to go on a case-to-case basis. Not because one judge was shot, you will arm all judges already. Imagine all the judges wearing holsters while holding hearings. We are duty-bound to maintain the rule of law in the country," Corona said.
If any member of the judiciary feels his life threatened, Corona said, he could then apply for a permit to carry a firearm but he would have to undergo the regular procedures to secure such a permit.
He said carrying firearms is not the only solution. "Carrying guns is the final option," Corona said.
Chief Justice Artemio Panganiban earlier reconstituted the Committee on Security following the ambush of Gingoyon.
Panganiban said the committee will study the proposal made by Justice Antonio Carpio to organize, in cooperation with the NBI, a US Marshal-type security unit that will provide preventive security for threatened members of the judiciary. — With Jose Rodel Clapano