Lawyer assails IBP-City Chapter resolution

CEBU, Philippines - Lawyer Inocencio dela Cerna protested the resolution passed by the Integrated Bar of the Philippines-Cebu City Chapter opposing his request for the Department of Justice in Manila to conduct the preliminary investigation in the complaints for multiple murder and frustrated murder against his clients who were tagged in the ambush-slay of lawyer Noel Archival.

Dela Cerna, a member of the IBP-Cebu City Chapter, said the organization’s action was “very inappropriate.”

“Since when has IBP-Cebu City Chapter become the lawyers for the prosecution?” dela Cerna asked.

He criticized the IBP for showing partiality in favor of the complainants.

 Dela Cerna stressed that “IBP should be an august and impartial body free from the pressures of politics.”

The board of directors of IBP-Cebu City Chapter passed resolution 11-2014 last week opposing the request of Highway Patrol Group-7 officials—Sr. Supt. Romualdo Iglesia, Chief Inspector Eduardo Mara, Senior Inspector Joselito Lerion, SPO4 Edwin Galan, and PO1 Alex Bacani—to transfer the investigation of the complaints to Manila.

  The HPG-7 officials wanted the DOJ Manila to take over in the preliminary investigation from the Cebu Provincial Prosecutor’s Office to ensure impartial findings.

The respondents are apprehensive that the prosecutor’s office in Cebu might be influenced because the brother of the victim is a city councilor.

 The IBP’s resolution requested Justice Secretary Leila De Lima to deny the request for being “unfounded and speculative.”

According to dela Cerna, the request for transfer of venue is among the remedies provided for under the law and for the IBP to intervene is “very inappropriate.”

Because of the IBP’s action, dela Cerna said the organization has prejudged the case and has assumed that his clients are guilty. He insisted that they have valid grounds to ask for the transfer of the venue of the investigation. Dela Cerna said his clients are worried that they cannot get a fair decision in Cebu because the brother of the slain lawyer, Noel Archival, is an incumbent city councilor.

Lawyer Mae Elaine Bathan, president of the IBP-Cebu City Chapter, said that they are recognizing dela Cerna as a member of the chapter and the issuance of the resolution is what the board feels just and equitable.

“The stand of the board was made in relation to what we deem should be just, fair and proper proceeding with regards to the case of Atty. Archival. The said resolution must be taken as any other case of primordial interest by which IBP-Cebu City Chapter takes a stand and renders legal opinion on what we feel is just and equitable.

We do, in fact, recognize Atty. dela Cerna as an esteemed member of our chapter who is exercising his profession as counsel for the respondent police. We cannot, however, tie our hands from doing a moral duty as a board which stands higher than our being practitioners,” Bathan said in a text message.

The HPG-7 officials were tagged by witnesses as well as by circumstantial evidence as culprits in the murder of the lawyer, his driver Alejandro Jayme, and staff Candido Miñoza. Another staff, Paolo Cortes, was also injured during the ambush.

The victims came from a court hearing in Dumaguete City on February 18 when their vehicle was fired upon by several armed men upon reaching Barangay Corro, Dalaguete. (FREEMAN)