Archival slay, IBP opposes request for DOJ Manila probe

CEBU, Philippines - The Integrated Bar of the Philippines-Cebu City Chapter strongly opposed the request of the respondents on the case filed by the National Bureau of Investigation-7 vs P/S Supt. Romualdo Iglesia et al., for the inhibition of the Cebu Provincial Prosecutor’s Office and the transfer of the preliminary investigation to the Department of Justice in Manila.

Resolution No. 11-2014 states that there exists “the likelihood that the councilor’s influence and power will eventually reach the Office of the Provincial Prosecutor is trully beyond refute”. 

This is with regard to the claim of the respondents that complainant Nestor Archival, brother of the slain lawyer Noel Archival, is a Cebu City Councilor.

“It is the stand of the IBP-Cebu City Chapter that the holding of the preliminary investigation in Cebu where the crime was committed will best serve the ends of justice,” the resolution reads.

It is in the sense of the IBP-Cebu City Chapter, the resolution further states, that the fear of the respondents that Councilor  Archival will influence the Provincial Prosecutor is unfounded and speculative since the complainant is only a councilor who has no power over the provincial officials. Moreover, the Cebu Provincial Prosecutor and her assistant prosecutors are known for their probity and fairness in discharge of their official actuations.

The resolution added that any preliminary investigation of the heinous crime to be conducted in Manila is clearly impractical and grossly expensive on the part of the prosecution witnesses, not to mention the high risk involved in the safety and security of the complainant’s witnesses.

The same resolution, likewise urged DOJ secretary Laila de Lima to deny the request of the respondents.

On the other hand, Nelson Archival challenged their “enemies” over the case of his late brother. “The more they threatened us, the more we become very aggressive to call justice for my brother,” he said. Threats they received range from text messages to physical intimidation. Nelson said the more they show fear to their enemies, the more they will lose the fight on Noel’s case.

 â€œIpamahaw, paniudto ug ipanihapon na lang namo… sometimes kanang message nga wala ma-register dili na lang nako basahon pero naay usahay nga maablihan gyud nako nga dili matuyo,” Nelson said in a phone interview.

He, however, decided not to blotter the incident as it would only worsen the situation but, they already informed the National Bureau of Investigation on the matter.

Text messages that Nelson received would always imply to drop the case against the “enemies”, which he could not afford to do so.  “Di nako pwede buhian (case) kay we know kinsa na sila pero alkansi ta pirmi kay we need to follow due process kay kung gusto lang ta ug ingon ana pastilan daghan na mi nadawat nga ni-offer pero wala lang mi kay wala nay kahumanan ang ingon ana,” he said.

The family, specifically the children of the late lawyer, is well-guarded with private personnel, although they can request from the Special Investigation Task Group (SITG). “Kita na lang ang musabot kay gamay ra pud ang personnel but at the same time we have precautionary measures with the help of the NBI,” Nelson said.

Archivals have been receiving death threats following the death of Noel on February 8 in Barangay Corro, Dalaguete. Due to this, Paolo Cortes, lone survivor of the attack, has been provided with security personnel.

Noel and his two staffs Alejandro Jayme and Candido Miñoza were killed when they were ambushed by men on board two vehicles while bound for Cebu City after a court hearing in Dumaguete City.

After investigation of the SITG and the NBI, Regional Highway Patrol Unit-7 chief Sr. Supt. Romualdo Iglesia, Chief Insp. Eduardo Mara, Sr. Insp. Joselito Lerion, and SPO4 Edwin Galan, were charged with multiple murder. — (FREEMAN)