CEBU, Philippines - The head office of the PNP Highway Patrol Group in Camp Crame has rejected the request of the Cebu City Council to furnish the latter with an inventory of all vehicles at its impounding area in Barangay Lahug.
The Council’s request was meant to help the National Bureau of Investigation speed up its investigation into the ambush-slay of lawyer Noel Archival and two companions.
However, HPG Director Arrazad Panuelo Subong said Council’s move is an “ultra vires†act or void and cannot be given any effect.
“No rights can be conferred by and be inferred from a resolution, which is nothing but an embodiment of what the lawmaking body has to say in the light of attendant circumstances,†Subong said in a letter.
Councilor Nestor Archival, the brother of the slain lawyer, requested the HPG officials in Camp Crame to let its office in Cebu City furnish the NBI a copy of the inventory of vehicles at its impounding area in Sitio Sudlon, Lahug.
According to reports, the armed men who ambushed Archival used two vehicles, which are allegedly among the vehicles impounded by HPG.
Subong explained the vehicles impounded at the HPG impounding area are considered pieces of evidence in criminal cases the HPG has filed before the courts and other quasi-judicial bodies and cannot be divulged.
He cited a ruling of the Supreme Court in Chavez vs. Public Estates Authority, which states that the high tribunal recognized matters which the court has long considered as confidential such as “information on investigations of crimes by law enforcement agencies before the prosecution of the accused.â€
However, Subong informed the Cebu City officials that the HPG-Investigation Management Division had already filed administrative cases against former HPG-7 Regional Director Romualdo Eglesia and other HPG officials.
The administrative case is separate from the criminal charges that the NBI had filed against Eglesia and four other police officials for their alleged involvement in the ambush-slaying of Archival and two others in Barangay Corro, Dalaguete last February 18
Aside from Eglesia, the other accused are Senior Insp. Eduardo Mara, HPG provincial chief; Senior Insp. Joselito Lerion, HPG 7 Special Operations Team head; SPO4 Edwin Galan, HPG 7 designated custodian; and PO1 Alex Bacani. (FREEMAN)