Pangasinan gov's appeal on mayor's slay junked

LINGAYEN, Pangasinan, Philippines – The Department of Justice (DOJ) denied for lack of merit a second appeal of Gov. Amado Espino Jr. and first district Rep. Jesus “Boying” Celeste which sought to suspend the preliminary investigation on the murder case filed against them in connection with the killing of Infanta Mayor Ruperto Martinez.

In a decision issued last Monday, the DOJ set the preliminary investigation of the case on April 30 and ordered Espino and Celeste to submit their affidavits and evidence.

Espino said the “assailed order violated his right to due process by not respecting his right to a fair and independent preliminary investigation.”

However, the DOJ said his claims were baseless.

The prosecutors – Olivia Larossa Torevillas, Rassendell Rex Guingoyon and Aristotle Reyes – said the proceeding adhered to the law governing the conduct of preliminary investigation.

They said the respondent was afforded his right to be heard and to submit counter-affidavit and other controverting evidence.

Last April 8, the DOJ panel junked four pleadings submitted by Espino, Celeste and their co-accused, Jaime Aquino, which sought to delay the preliminary investigation of the case.

In the ruling, the DOJ admonished Aquino for pre-empting the preliminary investigation by filing a writ of amparo before the Supreme Court to secure custody of a witness in the case.

The witness, a 16-year-old son of Aquino, claimed Espino and Celeste masterminded the killing of Martinez last Dec. 15 after the mayor allegedly learned of the illegal smuggling of minerals at the Infanta pier.

Celeste questioned the personality of Akap sa Bata, a non-government organization, who took custody of Aquino’s son.

The DOJ said the group could not be prohibited from participating in the proceeding of the case because it protects the right and welfare of the young Aquino.

The DOJ ordered the National Bureau of Investigation (NBI) to look into the statement of the minor.

The prosecutors also did not find reasons for the organization to be barred from the proceeding.

Martinez was killed in front of his house in Barangay Cato in Infanta on Dec. 15, 2012. The alleged killers, Ricardo “Kardo” Legarda and Richard Manuel, are currently detained at the Pangasinan Provincial Jail in Lingayen.

Aquino’s son told NBI investigators he was in a meeting at a beach resort in Bolinao where he allegedly overheard his father, Espino and Celeste plotting to kill the mayor.