CEBU, Philippines - Officials of the Highway Patrol Group yesterday met with Cebu City Councilor Nestor Archival to inform him formally of the agency's own investigation into the ambush of his brother, lawyer Noel Archival.
Senior Superintendent Joel Dimaano, chief of HPG's Investigation Management Division; Senior Inspector Saturnino Sedigo who represents HPG-7; and SPO1Rommel Samuel, also of HPG; paid Archival the visit.
"Nagpahibawo sila that they're also conducting an investigation, but since ang criminal case gi-handle na sa investigators sa National Bureau of Investigation (NBI)-7 ug sa Task Force Archival (of the Philippine National Police), tua sila nag-focus sa administrative case," Archival disclosed.
During the meeting, Archival said they also told Dimaano and his colleagues of their request to allow the authorities to have the firearms of all HPG-7 personnel undergo ballistic examination and for the agency to provide accurate and detailed inventory of all vehicles it has impounded to date.
To clear its name, HPG has been requested to help find the grey Mitsubishi Strada, which, as per record in the logbook, was driven in and out of the HPG-7 compound in Sudlon, Barangay Lahug by Colonel Romualdo Iglesia on February 17 and 18, the day lawyer Archival and his companions were ambushed in Dalaguete town.
Councilor Gerardo Carillo who sponsored the resolution indicating the requests, hoped that HPG will coordinate with the NBI and PNP about the matter.
"Unta matrabaho nila and dili sad ma-whitewash ang investigation," he said.
While admitting that he feels the investigation is a "bit slow," Councilor Archival said he was pleased by HPG's visit, which indicated that agency's willingness to help resolve the case. Even the NBI and the Task Force Archival welcomed the gesture, he said.
"Para nako it might be a little bit slow, but para sa atong mga legal team, mas maayo nang iplastada lang para klaro ang atong move, kaysa dinalidali and dili diay klaro," he said.
Dimaano, in a brief interview, said they are still investigating the four HPG-7 personnel who were slapped with a criminal case related to the crime. They, too, requested the Councilor to let them interview the survivor of the ambush, Paolo Cortes, but the matter was referred to the NBI and PNP.
Almost done
Yesterday, the NBI informed the court it is almost done investigating the case.
Lawyer Erme Monsanto, supervising agent, said they expect to file a case against the HPG personnel and two others after Holy Week.
"We are almost done. Now we are determining the participation of each respondent. We rely on the theory of conspiracy," Monsanto said during the hearing of the motion to quash the search warrant against the HPG personnel.
The HPG personnel said there was no basis for the warrant to be issued, in the first place, for lack of basis. HPG-7 chief Superintendent Romualdo Iglesia, Senior Inspector Eduardo Mara, Senior Inspector Joselito Lerion and SPO4 Edwin Galan said they were simply dragged into the case because they were said to be in custody of the vehicles used in Archival's ambush.
They asked the court to furnish them a copy of the documents that support the application of the NBI for the search warrant.
Their lawyer, Inocencio Dela Cerna, told the court that during the ambush, Iglesia, Mara, Lerion and Galan were in an official function in Cebu City.
"They are a far from the crime scene," Dela Cerna argued.
Regional Trial Court Executive Judge Soliver Peras, told Dela Cerna, however, that the argument is not a ground to quash the warrant but a matter of defense. Peras said what is needed in issuing the warrant is only probable cause.
The NBI said there was a probable cause for the issuance of the warrant.
More evidence
Meanwhile, Monsanto said that based on the forensic and ballistic examination of the red Toyota Corolla Vios seized by the NBI from the HPG compound, there was a presence of gun powder nitrite at the right side of the vehicle and there was an empty shell of M16 recovered inside the vehicle.
"The empty shell recovered inside a car matched with four empty shells recovered in the crime scene," Monsanto said. But Dela Cerna said the empty shell recovered from the vehicle is a mystery because it was reportedly not included in the return of the warrant.
Archival and his companions were onboard a Ford Escape SUV heading back to Cebu City from Dumaguete City when they were ambushed in Barangay Corro, last February 18. Archival reportedly, attended a hearing representing Jesuslou Elcarte Alegria, the alleged mastermind of a robbery of a pawnshop, before RTC Branch 38 in Dumaguete. — Niña G. Sumacot-Abenoja, Mylen P. Manto and Grace Melanie I. Lacamiento/JMO (FREEMAN)