LEGAZPI CITY, Philippines — Daraga, Albay Mayor Carlwyn Baldo, the principal suspect in the killing of Ako Bicol congressman Rodel Batocabe and his police escort last December, would remain under the custody of the regional police Criminal Investigation and Detection Group (CIDG) pending the result of a preliminary investigation.
Officials said this was upon the request of Baldo’s lawyers before the Albay Prosecutor’s Office.
CIDG regional director Arnold Ardiente said they have filed complaints of illegal possession of firearms, ammunition and explosives against Baldo, who was arrested last Tuesday before he was confined to hospital due to asthma attack.
“We respect their request for preliminary investigation. That is his constitutional right. Therefore, Mayor Baldo would remain at our custody until these processes are resolved,” Ardiente said.
Police physicians have visited Baldo to check his condition.
CIDG agents brought Baldo to the UST Hospital here Tuesday night due to hyperventilation triggered by asthma and high blood pressure after his arrest at his residence in Barangay Tagas, Daraga.
“Mayor Baldo will still undergo another test (today) to determine his health condition,” Ardiente said.
He said Baldo might remain in the hospital at least until today.
Baldo’s spokesman Eugene Sangil said the mayor’s legal team had already filed a motion to quash, questioning the validity of the search warrants separately issued by two courts against the Daraga mayor.
Sangil said Baldo’s lawyers want to declare as invalid the warrants that resulted in the recovery of firearms, ammunition and explosives that led to Baldo’s arrest.
Baldo has yet to be indicted for the murders of Batocabe and his escort, SPO1 Orlando Diaz.
All the six suspects in the killing had confessed to the police and pointed to Baldo as their principal.
Baldo denied the allegations.
Philippine National Police (PNP) chief Director General Oscar Albayalde said they would have solved Batocabe’s murder even without the reward money.
“A day after we had already a lead on the Batocabe case, that’s why when I briefed the President, I was really confident that we are going to be able to solve the case with or without the reward,” Albayalde told ANC yesterday.
The PNP has since received P33 million of the P50-million bounty, with P20 million from the President and the remaining amount coming from Batocabe’s colleagues in the House of Representatives and local officials.
Albayalde clarified the reward will be given not to police investigators who cracked case but to the prime witness, Emmanuel Judavar, and three other personalities involved in the murder but have applied in the government’s witness protection program.
“We are not after the reward actually,” Albayalde said.
Meanwhile, the regional officials of the Commission on Elections (Comelec) and the Department of the Interior and Local Government (DILG) have yet to implement the succession rule in the Daraga mayoral and vice mayoral posts pending receipt of an order from the police or the Albay Prosecutor’s Office.
Comelec Bicol director Anthony Nuyda said they want to be officially informed if Baldo is temporarily or permanently incapacitated.
“If Baldo is allowed to post bail, then he is merely temporarily incapacitated, thus only an officer-in-charge is needed in his absence. But if he is not allowed to post bail, the rule on succession would now apply,” he added.
Nuyda said Baldo will be replaced by Daraga vice mayor Victor Perete, and Perete’s position will be assumed by the No. 1 councilor, Junjie Jaucian.
Sangil, however, insisted that in the absence of any lawful order suspending Baldo, the mayor would continue to discharge his duties.
“In the absence of any lawful or legal order suspending Mayor Baldo or removing him from his position, he would continue to function as mayor. Otherwise, he could be suspended for dereliction of his duties,” Sangil said. – With Emmanuel Tupas