Cops linked to ambush file motions anew

CEBU, Philippines - Officials of the Regional Highway Patrol Unit-7 tagged in the killing of lawyer Noel Archival filed triple motions anew, seeking for more time to submit their supplemental affidavits on the complaints filed against them.

Through lawyer Ino-cencio dela Cerna and his associates, the respondents filed an urgent ex- parte manifestation with motion for production of original documents and motion to admit Ombudsman complaint against the National Bureau of before acting provincial prosecutor Rodrigo Tagaan.

In their five-page triple motions, Senior Superintendent Romualdo Iglesia, Senior Inspector Joselito Lerion, Chief Inspector Eduardo Mara, SPO4 Edwin Galan and PO1 Alex Bacani asked Tagaan to give them additional time to submit their supplemental evidence for the multiple murder and frustrated murder charges filed against them.

“In consonance with the supervening and recent developments, respondents require more ample time to modify and supplement the affidavits of herein respondents in order to have it respond appropriately and accordingly based on the new circumstances,” the motions read.

Dela Cerna said that he understands that Tagaan has 60 days to resolve the complaint, but they have to see to it that the rights of their clients are being protected. He said that the NBI-7 failed to furnish them copies of the additional evidence they filed before the prosecutor.

The five HPG officials have earlier asked for an extension to file their supplemental affidavit, which was granted by Tagaan who gave them until July 27, 2014.

Dela Cerna, however, said on Wednesday their office received a copy of the complaint filed by the respondents before the Office of the Ombudsman in Quezon City against the agents of the NBI-7, police officers, security guards and the lone survivor of the attack Paulo Cortes for criminal and administrative complaint.

“This administrative and criminal complaint before the Office of the Ombudsman was admittedly filed by independent Manila lawyers for herein respondents without herein counsels’ knowledge but a perusal of the said complaint reveals that it is clearly relative to and is closely intertwined with the herein case and we are further informed that this Honorable Office also received a copy thereof,” the motions read.

The HPG officials filed Anti-Graft and Corrupt Practices Act (introduction of fabricated evi-dence), violation of par. 6 of the Revised Penal Code (RPC) Article 171 (making any alteration and intercalation in a genuine document), violation of paragraph 2 and last paragraph of Article 172 (falsification by private individual and use of falsified documents), violation of Article 183 RPC (perjury in solemn affirmation), violation of Article 184 (offering false testimony), violation of paragraphs b and I Section 1 of Presidential Decree 1829 (obstruction of justice), violation of Article 129 RPC (search warrant maliciously obtained and abuse in the service of those legally obtained), grave misconduct and oppression against NBI agents and others.

NBI Regional Director Max Salvador had said that they are not threatened by the charges because they were only doing their job. He denied that his men fabricated the evidence.

Due to the complaints filed by the respondents, dela Cerna said they want the NBI-7 to produce the original copies of the documents attached to their complaints for comparison and examination with the machine copies. The HPG officials alleged that what were attached in the multiple murder and frustrated murder charges were machine copies.

Dela Cerna sought that a date be set for examination of the requested original documents. They also asked for an extension of another ten days from the date set for the examination of the documents for them to finally file their supplemental affidavits.

The respondents were relieved from their post and were assigned to Camp Crame.

Archival and his companions were ambushed on February 18, 2014 in Barangay Corro, Dalaguete while on their way to Cebu City.

Archival, his driver Alejandro Jayme, bodyguard Candido Miñoza were killed during the attack, while Paolo Cortes, the on-call assistant of Archival, survived. —/ATO (FREEMAN)