MANILA, Philippines — Justice Secretary Vitaliano Aguirre II on Wednesday stood by his department’s resolution downgrading from murder to homicide the cases filed against police officers allegedly involved in the killing of a Leyte town mayor while in detention.
In an interview with ANC, Aguirre claimed that he was “goaded” by some senators to agree with them that what happened to former Albuera, Leyte Mayor Rolando Espinosa in his detention cell was a premeditated killing.
He said there should be a presumption of regularity in the issuance of the Department of Justice resolution that downgraded the case of 19 respondents led by Superintendent Marvin Ramos, then head of the Criminal Investigation and Detection Group (CIDG) Region 8.
“We have to stand with the resolution of my department. We have to presume regularity in the performance of our duties,” Aguirre said.
Aguirre’s defense of the DOJ resolution dated May 29 came after a hail of criticism especially from senators who were dismayed by the move.
Sen. Franklin Drilon, the minority leader and a former secretary of justice, called the DOJ resolution an “insult to the Senate” and a “big blow to [the] justice system in the country.”
"The abrupt downgrading of the case against Superintendent Marvin Marcos and his cohorts from murder to homicide is a big blow to the justice system in the country," Drilon said. "This is a very disappointing development insofar as the ability of the government to prevent and prosecute police abuses and irregularities is concerned.”
The resolution prompted Sen. Risa Hontiveros to call Aguirre “flip-flop king” and “fake news king of Padre Faura” as she blasted the secretary for allegedly toying with the country’s justice system.
The justice secretary admitted that he was influenced by some senators to come to the conclusion that the killing of Espinosa was premeditated even without the respondents’ affidavit.
Unprepared at Senate hearing
Aguirre also admitted appearing before the Senate without thoroughly studying the issue.
“Actually, when I appeared before the Senate then, I had not studied this very deeply. As a matter of fact, if you review the transcript of stenographic notes you will notice that I was being goaded by some senators to agree with them. But at that time, there was yet not affidavit submitted in defense of the respondents,” he said.
Aguirre also appeared to wash his hands of the issue and said that he was not the one who issued or signed the resolution.
“But first I would like to point out that I did not issue the resolution. I did not sign the resolution. I did not interfere or intervene in the issuance of the resolution,” said Aguirre.
Aguirre also cited the separation of powers of the Constitution to defend his department’s decision.
He said that if the senators disagreed with their resolution they could file a motion for reconsideration or a motion before the court.
“At this stage of the investigation of the DOJ they could still file a motion for a reconsideration of the decision of one of the Usecs (undersecretaries).” he said.
'President did not interfere'
The justice chief clarified that the president did not in any way interfere in the DOJ’s decision.
“The president has not called me. The president has not interfered in anything in the Department of Justice,” Aguirre answered when he was asked why he allowed himself to be goaded.T
DOJ's decision to file a homicide case would allow the respondents to post bail and be temporarily released.
The decision prompted Senate President Aquilino Pimentel III to consider reopening the investigation into the death of Espinosa.
“Sa tingin ko ang the best way for the Senate to be involved is to reopen the hearing and request for copies of the counter-affidavits or whatever other papers that the respondents filed. And then ask the DOJ – the panel which handled the preliminary investigation on what convinced them, or what moved them to change their mind that the murder was not committed but instead homicide,” Pimentel said in a recorded interview.