DOJ rejects CIDG plea for review of raps vs ex-mayor

BACOLOD CITY, Philippines — The Department of Justice dismissed the petition of the Criminal Investigation and Detection Group for review of the case filed against former Pulupandan town Mayor Magdaleno Peña and 14 others.

The four-page resolution, dated May 18, 2015 and signed by Prosecutor General Claro Arellano, upheld the decision of the Negros Occidental Provincial Prosecutor’s Office dismissing the charges for obstruction of justice, illegal possession of firearms and explosives, and violations of election gun ban against Peña and 14 others.

The resolution, citing Sections 5 and 12 of the DOJ Circular No. 7, said the DOJ may dismiss outright a petition for review if the requirements are not complied with.

The case stemmed from the raid on May 2, 2013, of the ancestral house of Peña, which resulted in the confiscation of several high-powered firearms.

Charged with Peña were Rey Asgar, Manny Rio, Joey Yunque, Nelson Gange, Jay Gange, Deolito Morancik, Jimmy Castanos, Armando Dela Paz, Police Officer 2 Pedrito Oupo, Senior Police Officer 1 Vicente Castillo, Florante Pindales, Joey Yunque, Rolly Escaran, and Diego Anciano.

The DOJ, in its November 2013 resolution, dismissed the charges against Peña and several others for lack of probable cause and insufficiency of evidence, and then ordered an investigation into the raiding team and their witnesses for alleged perjury and planting of evidence complaints.

Negros Occidental Governor Alfredo Marañon Jr., meanwhile, believed there was a "powerful force" who is "maneuvering" the system. The DOJ resolution however was not yet final and the CIDG will file a motion for reconsideration, he added. — Marchel P. Espina (FREEMAN)