Killing of lawyer Noel Archival: DOJ clears ex-HPG exec

CEBU, Philippines — The Department of Justice has cleared a former official of the Highway Patrol Group-7 who was tagged in the ambush-slay of lawyer Noel Archival four years ago.

The DOJ, in effect, reversed the resolution of acting provincial prosecutor Jesus Rodrigo Taga-an, which found enough basis to charge Police Senior Supt. Romualdo Iglesia for murder and frustrated murder.

“The pieces of evidence relied upon in the assailed resolution do not clearly and convincingly show or demonstrate that respondent-appellant Iglesia was part of the alleged conspiracy in the shooting and killing of Atty. Archival,” the DOJ said.

The DOJ looked into the case after Iglesia filed a petition to review.

“The Office begs to disagree with the said Resolution of the Acting Provincial Prosecutor of Cebu, insofar as respondent-appellant Romualdo Iglesia is concerned. Moreover, we find merit in his appeal, thus, we rule to grant and give due course to his petition," the DOJ said.

Iglesia, Senior Insp. Joselito Lerion, and PO1 Alex Bacani were accused of killing Archival, his driver Alejandro Jayme, and bodyguard Candido Miñoza on February 18, 2014 in Dalaguete, Cebu.

Archival’s assistant, Paolo Cortes, survived the attack.

DOJ Undersecretary Deo Marco said the complainants were not able to present specific overt acts of Iglesia before, during, and after Archival’s shooting that would amount to convincing pieces of evidence that he was involved in the killing.

He said the statements of prosecution witnesses and the list of cases involving litigants Archival represented were not indicative or illustrative of actual cooperation from Iglesia in the alleged conspiracy.

Marco said the statement of Wilfred Libaton, a mechanic who said that Iglesia owned the silvery grey Mitsubishi Strada with Plate No. NVO-543 that was allegedly used in the crime was hearsay because the statement was not based on personal knowledge.

Libaton worked at the auto shop where the vehicle was being repaired.

The National Bureau of Investigation and the police conducted surveillance at the auto shop but Marco said was "speculative and does not clearly or possibly prove the involvement of Iglesia in the crime."

It was Iglesia’s supposed conspirator, Bacani, who reportedly took the Mitsubishi Strada out of the auto shop after it was repaired but Marco said the security guard who made the statement, Junel Gumahay, did not have the credibility because he was a guard at another establishment and not at the auto shop itself.

One of the defense lawyers, Inocencio dela Cerna, Jr., said the DOJ resolution is an initial victory. They are awaiting the DOJ ruling on the petitions for review Bacani and Lerion filed.

"This issue might open old wounds but right from the start the defense believes, they are innocent," he said.

DOJ directed the Provincial Prosecutor’s Office to withdraw the charges against Iglesia from the Regional Trial Court. (FREEMAN)