DOJ urged: Subpoena documents in sabungero case

MANILA, Philippines — The legal camp of one of the policemen tagged in the case of missing cockfight enthusiasts or sabungeros has asked the Department of Justice to subpoena the affidavits allegedly suppressed by the Criminal Investigation and Detection Group (CIDG).

Bernardo Vitriolo, lawyer for Senior M/Sgt. Joey Encarnacion, said the affidavits of the witness could “substantially alter” the outcome of the investigation and could have helped his client present a fair defense in the case.

“It is our belief that the undue suppression of the aforementioned relevant affidavits would be unjust to my client even as it would be derogatory of your Department’s policy of charging a person with a case with ‘prima facie evidence with reasonable certainty of conviction,’” the letter, addressed to Prosecutor General Richard Anthony Fadullon, read.

Vitriolo asked that the affidavits be subpoenaed and turned over to Fadullon’s office “for them to be considered in the evaluation of evidence towards a prima facie case against those who might be criminally responsible.”

The affidavits were submitted by 12 witnesses to the CIDG at the height of the investigation of the missing sabungeros.

At a press briefing, CIDG director Brig. Gen. Christopher Abrahano confirmed receiving the affidavits on July 11, but emphasized that they could not act on the documents due to procedural lapses.

Encarnacion was among the 12 policemen linked by whistle-blower Julie Patidongan to the case of the missing sabungeros.