Suspects in Archival killing get 10 more days to file evidence

CEBU, Philippines - The officials of the Regional Highway Patrol Unit tagged in the killing of lawyer Noel Archival have 10 more days to submit supplemental affidavits to answer the charges against them.

Acting Provincial Prosecutor Jesus Rodrigo Taga-an said the extension is given “in the interest of justice and equity” but the same will be the last for Sr. Supt. Romualdo Iglesia, Sr. Insp. Joselito Lerion, Chief Insp. Eduardo Mara, SPO4 Edwin Galan and PO1 Alex Bacani.

When the 10-day extension – after receipt of the order – expires, Taga-an said the prosecutor’s office will resolve the frustrated murder and multiple murder case with or without the supplemental counter-affidavits.

 “Absolutely no further extension will be allowed. Moreover, except for clearly meritorious, valid and urgent matters, no further motions for whatever nature will be entertained by this Office,” Tagaan ruled.

Tagaan earlier gave the respondents an extension, which expired on July 27, 2014, but their lawyer Inocencia dela Cerna said the separate complaint his clients filed in Manila through other lawyers against the National Bureau of Investigation have prompted him to ask for additional extension as the Ombudsman case is “closely intertwined” with the case in the provincial prosecutor’s office.

“This administrative and criminal complaint before the Office of the Ombudsman was admittedly filed by independent Manila lawyers for herein respondents without herein counsels’ knowledge but a perusal of the said complaint reveals that it is clearly relative to and is closely intertwined with the herein case and we are further informed that this Honorable Office also received a copy thereof,” Dela Cerna’s motion reads.

Dela Cerna said his clients want the NBI to produce the original copies of the documents attached to their complaints for comparison and examination with the machine copies.

The RHPU officials themselves filed cases against the NBI for alleged introduction of fabricated evidence, for altering a genuine document, for using falsified documents, perjury, offering false testimony, obstruction of justice, grave misconduct and oppression, and for obtaining a search warrant maliciously.

While he allowed the extension to file supplemental affidavit, Taga-an denied the request to set a date for examination, comparison and scrutiny of the original documents but ordered the NBI to submit certified true copies of all documents, logbook entries, police reports, affidavits, and all other documentary evidences.

“…after reviewing the photocopies of the documentary evidences submitted by the NBI including the affidavits of witnesses, it appears that the same lack of certified that they are true copies of the original. This certification would bind the NBI to their implied warranty that the photocopies of their documentary evidences are true and faithful reproductions of the original. Thus, for the guidance of this office and respondents, it is imperative for the NBI to submit certified true copies of all documentary evidences and affidavits,” the order reads.

Taga-an likewise ordered the NBI to furnish respondents through Dela Cerna another set of certified true copies of all documentary evidence.

Moreover, Taga-an granted the motion of the respondents to admit the Ombudsman complaints filed against the NBI and considered it as part of the evidences for the respondents.

Archival and his companions were ambushed on February 18, 2014 in Barangay Corro, Dalaguete while on their way to Cebu City. Archival, his driver Alejandro Jayme, bodyguard Candido Miñoza were killed during the attacked, while Paolo Cortes, on-call assistant of Archival, survived. — (FREEMAN)