Prosecutor denies motion to defer Archival probe

CEBU, Philippines - The Cebu Provincial Prosecutor’s Office has denied the motion of the suspects of the killing of lawyer Noel Archival which asked it to defer preliminary investigation on the complaints.

“As the off-repeated dictum says, ‘A delay in the dispensation of justice is a denial thereof.’ Hence, unless an order is issued by the Secretary of Justice granting respondents’ prayer, this office has no other recourse but to proceed with the preliminary investigation,” read the three-page resolution dated June 23 and signed by acting provincial prosecutor Jesus Rodrigo Taga-an.

The respondents, Regional Highway Patrol Unit-7 chief  Senior Superintendent Romualdo Iglesia, Senior Inspector Joselito Lerion, Chief Inspector  Eduardo Mara, Senior Police Officer 4 Edwin Galan and Police Officer 1 Alex Bacani, through their lawyer Inocencio dela Cerna, filed a motion to defer and hold in abeyance the preliminary investigation of the multiple murder and frustrated murder complaints last June 13.

Said officials of RHPU-7 were tagged in the killing of Archival and his companions last February 18 in Barangay Coro, Dalaguete.

The respondents reasoned that while the Department of Justice has not yet resolved their motion for reconsideration on the order denying their motion for change of venue and inhibition, the Provincial Prosecutor’s Office should not touch the complaint yet.

But Taga-an said if they would wait for DOJ’s decision, it “may result to an indefinite suspension” of their own investigation and “thus may violate” the mandate for them to resolve the cases within the allotted 60-day period.

He also reasoned that the delay would “not work well” to both parties.

The acting provincial prosecutor has ordered the respondents to submit their supplemental counter-affidavit and comments to the National Bureau of Investigation.  (FREEMAN)