Archival kin seek denial of suspects’ motion

CEBU, Philippines - The family of the slain lawyer Noel Archival is seeking for the denial of the motion for reconsideration filed by the officials of the Regional Highway Patrol Unit-7 before the Department of Justice.

Through lawyer Gloria Lastimosa-Dalawampu, the family filed its opposition to the plea of RHPU-7 chief, Sr. Supt. Romualdo Iglesia, Sr. Insp. Joselito Lerion, Chief Insp. Eduardo Mara, SPO4 Edwin Galan and PO1 Alex Bacani to reconsider DOJ’s order denying their request of change of venue for the preliminary investigation of their case.

“The integrity of the evidence relevant and material to the case are better preserved if the investigation is done in Cebu City as there will be minimal movement and transfer of persons and evidence. Bringing  the investigation of herein case to Manila shall be onerous to the government and parties in terms of time, money and efforts,” the opposition reads.

Dalawampu likewise said the respondents failed to cite factual and legal basis as to their request of the transfer of venue of the preliminary investigation of the multiple murder and frustrated murder filed against them.

“Respondents have not their motion a scrutable explanation for the change of venue. Their motion did not meet the test of plausibility hence, not credible as it is replete with surmises, suppositions and guesses,” she said.

“Coached in general and sweeping statements, the motion has remained without specifics and support.  It is miserably devoid of any legal and factual bases,” she said, adding the motion did not offer new arguments to support their request.

Thus, Dalawampu said they are seeking for an outright denial of the motion for reconsideration filed by the respondents through lawyer Inocencio dela Cerna.

Dela Cerna in its comment to the opposition said, he respect and understand the moved of the other party.

He however, said every lawyer has its duty to give their client’s full and enough remedy as provided for by law. Filing the motion for reconsideration, he said is not to delay the proceedings but to exhaust all remedies to the best interest of their clients.

Respondents wanted the conduct of the preliminary investigation in Manila to avoid any biases  and partiality in the investigation for the determination of probable cause.

In their opposition, the family Archival through Dalawampu stated that the mere suspicion of bias and prejudice is not enough ground to warrant the change of venue. The family wanted the preliminary investigation be conducted in Cebu for the safety of the parties, witnesses and the evidences.

Meanwhile, after the inhibition of the Cebu Provincial Prosecutor’s Office from handling the complaints, Regional State Prosecutor Fernando Gubalane designated acting provincial prosecutor Jesus Rodrigo Tagaan to resolve the complaints. Tagaan was deputy city prosecutor of Lapu-Lapu City.

Archival and his companions were ambushed on Feb. 18, 2014 while on their way to Cebu City from Dumaguete City in Barangay Coro, Dalaguete, Cebu, at past 1 p.m. —/JMD (FREEMAN)