CEBU, Philippines - The officers of the Highway Patrol Group-7, who were tagged in the ambush-slay of lawyer Noel Archival, have filed a motion to quash search warrant yesterday before the Regional Trial Court Branch 10.
Lawyer Inocencio dela Cerna told the media that there was no basis for the issuance of a search warrant because there was no probable cause against his clients: HPG-7 chief Superintendent Romualdo Iglesia, Senior Inspectors Eduardo Mara and Joselito Lerion and SPO4 Edwin Galan.
Aside from questioning the validity of the warrant, dela Cerna said they were not furnished a copy of the documents supporting the search warrant, adding that the investigation is still going-on and there was no clear evidence linking his clients to the death of Archival.
“…there was no affidavits issued … what they have got was merely a red car,†he added.
Dela Cerna said the filing of the motion can determine who really is behind Archival’s death as well of his two personnel, Candido Miñoza and Alejandro Jayme. His other staff, Paulo Cortez, was wounded in the shooting.
Archival and his companions were onboard a Ford Escape SUV heading back to Cebu City from Dumaguete City when they were ambushed in Barangay Corro, Dalaguete on February 18.
Archival attended a hearing representing Jesuslou Elcarte Alegria, the alleged mastermind of a pawnshop robbery.
Moreover, dela Cerna asked the court to prepare the evidence supporting the issuance of a search warrant like the documents and video footages, if there are. He added that his clients have the right to have a copy of those.
At present, Dela Cerna said that his clients are still reporting for work and are in fact open for ballistic examination of their firearms. The HPG officers are also open to submit to a lie detector test to show proof that they have no knowledge on the death of Archival.
NBI Regional Director Max Salvador said he cannot comment yet as to the motion filed because he has received the document.
On March 20, 2014, the NBI together with Special Investigation Task Group Archival, served a search warrant against Mara, Iglesia, Lerion and Galan, who were believed to be in possession of the impounded vehicles allegedly used in the ambush-slay of Archival.
During the operation, they recovered one of the four vehicles subject to the search warrant issued by RTC Executive Judge Soliver Peras, the red Toyota Corolla Vios with license plate numbers GSC 675, which is now under the custody of the NBI in the impounding area of the HPG in Sitio Sudlon, Barangay Lahug, Cebu City. — (FREEMAN)