Nestor Archival: Request to transfer trial “pathetic”

CEBU, Philippines - The request to transfer the venue for the criminal case against the accused in the killing of lawyer Noel Archival is not only against criminal procedures but is also a lack of common sense.

This was according to Cebu City Councilor Nestor Archival, Noel’s brother, in his reaction to the request of PO1 Alex Bacani, one of the accused in the slay of the lawyer,  for the transfer of venue of the trial of the case from the Regional Trial Court (RTC) in Argao, Cebu, to any RTC in Metro Manila.

Bacani, through lawyer Reynaldo Lugtu, earlier asked Court Administrator Midas Marquez for the transfer of the multiple murder and frustrated murder case against him and other former personnel of the Highway Patrol Group-7 because of Nestor’s influence in Cebu.

The city councilor, however, dismissed Bacani’s argument. He said the request of Bacani is a “pathetic attempt to mislead the office of the Court Administrator” that he has a power and influence being a city councilor not only in the City of Cebu but the in the whole province.

Nestor added that his request to have Bacani, Senior Superintendent Romualdo Iglesia, and Senior Inspector Joselito Lerion under camp restrictions is to ensure their availability, if needed.

The councilor, through lawyers Democrito Barcenas and Gloria Lastimosa-Dalawampu, stated that the request to transfer the trial is defective as it was wrongfully filed. He said this must be filed before the Supreme Court of the Philippines and not before Marquez.

“The request to transfer is fatally defective because it is not verified and a request of this nature should be treated as an administrative matter through a formal verified petition addressed to the Supreme Court as a collegial body,” the comment reads.

The request of Bacani, according to Nestor, is an insult to all members of the judiciary in Cebu who are known for their “probity, integrity and independence.”

He added that the transfer of hearing would also require huge transportation, accommodation and food expenses considering that both the parties involved, witnesses and evidences are from Cebu.

The HPG officers were tagged in the killing of Archival, his driver Alejandro Jayme and bodyguard Candido Miñoza who were ambushed while traversing Barangay Coro, Dalaguete, Cebu on February 18,2014.  (FREEMAN)