CEBU, Philippines - Cebu City Councilor Nestor Archival, the brother of slain lawyer Noel Archival, is seeking for the court to deny the motion filed by the Regional Highway Patrol Unit -7 to nullify a search warrant against them.
Councilor Archival's legal counsel, lawyer Gloria Lastimosa-Dalawampu said the joint motion filed by RHPU 7 cannot challenge the validity of the issuance of the search warrant issued by Regional Trial Court Executive Judge Soliver Peras.
RHPU-7 filed a joint motion for reconsideration and motion to nullify and to suppress evidence illegally obtained by the National Bureau of Investigation -7 dated April 2, 2014.
"With due respect to respondents, it is the humble position of undersigned counsel that, at this juncture, the issue on legality of the application for, obtention of, the search warrant in question and/or the legality of the implementation or service thereof by NBI-7 should not take precedence over the issue on whether these joint reliefs are granted to respondents to assail the validity of the issuance of search warrant," said Dalawampu.
Through their counsel Inocencio Dela Cerna, the respondents wants the search warrants nullified, claiming that there is no probable cause against them.
Named respondents were RHPU-7 chief, Sr. Supt. Romualdo Iglesia, Sr. Insp. Joselito Lerion, Chief Insp. Eduardo Mara, and SPO4 Edwin Galan.
Lastimosa cited three grounds to support the outright denial of the motions filed by RHPU 7 officials.
"A motion to quash and the motion to suppress evidence are alternative, not cumulative remedies hence, respondents cannot avail of both remedies joint in one proceedings; the remedies of a motion to quash and the motion to suppress evidence are alternative, and not cumulative remedies, thus, if the motion to quash is denied, respondents can no longer file a motion to suppress evidence; and respondents' motion to quash included issues that the implementing agency had gone beyond their authority in the enforcement of the challenged search warrant is not within the scope of a motion to quash," Archival's counsel explained.
The four officials were believed to be in possession of the vehicles used in the ambush-slay of lawyer Archival, his driver Alejandro Jayme, and bodyguard Candido Miñoza in Corro, Dalaguete town in February 8 this year. The fourth victim, Archival's on-call assistant Paolo Cortes survived.
NBI 7 reportedly recovered one of the four vehicles that was subject of the search warrant -- the red Toyota Corolla Vios with license plate numbers GSC 675, which is now under their custody.
Meanwhile, police will provide security details to Archival's family, who has reportedly received numerous death threats following the attack on the lawyer.
Cebu Provincial Police Office director Noel Gillamac, who heads the Special Investigation Task Group said they are now looking into the concern raised by another brother of lawyer Archival, Talamban councilman Nelson Archival.
Gillamac said they are willing to provide security detail to the lawyer's family and those of Cortes.
"Kung mao na nga naa'y threat ang kabanay ni Archival, we are very much willing to provide security being the head of the SITG," he said.
However, the family needs to request from them first, said Gillamac, in order for them, to assess if there really is imminent threat to their security. The request should be submitted to the Police Security Protection Office that will conduct the threat assessment.
But even before this issue was raised, CPPO has already deployed security escorts to the lawyer's family, said Gillamac.
Cebu City Police Office director Noli Romana said they have also designated a security escort to Councilor Archival but he also assured the safety of the family members.
"We'll find ways kung paano ma-arrange iyan, just to guaranty their security. On our side, di talaga namin pababayaan," he said. (FREEMAN)