CEBU, Philippines - Criminal charges have been filed in court against three policemen, including two former officials of the Regional Highway Patrol Group-7, accused in the killing of lawyer Noel Archival and two of his companions in Barangay Coro, Dalaguete six months ago.
The Cebu Provincial Prosecutor’s Office indicted Senior Superintendent Romualdo Iglesia, Senior Inspector Joselito Lerion, and Police Officer 1 Alex Bacani for multiple murder and frustrated murder.
Acting provincial prosecutor Jesus Rodrigo Taga-an sustained his earlier findings of found probable cause against the three accused by denying their separate motions for reconsideration.
Taga-an also denied the motion filed by the three accused seeking for his voluntary inhibition from the case.
“After careful consideration of the arguments of movants, however, it appears to this Office that the matters raised in their separate motions were already amply passed upon by this Office in finding probable cause to indict them for the crime charged,” the resolution read, adding the issues raised by them are evidentiary matters that can be properly ventilated before the court during trial.
Two other policemen included in the complaint filed by the National Bureau of Investigation—Chief Inspector Eduardo Mara and Senior Police Officer 4 Edwin Galan—were cleared from the charges because of insufficiency of evidence.
Taga-an ruled there was no cogent reason to “reconsider, reverse, revise or to set aside” his earlier resolution finding probable cause against the three accused.
“…quantum of evidence required for purpose of filing a complaint or information in court is merely probable cause. The term probable cause does not mean ‘actual or positive cause’ nor does it import absolute certainty. It is merely based on opinion and reasonable belief.
Thus, a finding of probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction,” the resolution states.
Taga-an said there was also no valid and justifiable ground for him to inhibit. He said that the accused failed to present evidence to support their allegations that he was bias and partial towards the complainant.
“It is very apparent that the only basis for the respondents to accuse the undersigned of being bias and partial is the resolution of the case which is adverse to them. How-ever, an adverse resolution, order or decision does not necessarily equate to bias and partiality,” the resolution read.
Taga-an said the five-man panel investigating the complaint gave both parties ample time to submit pieces of evidence.
Lawyer Democrito Barcenas, one of the legal counsels assisting the Archival family, said the family would be very happy of the development and commended Taga-an for his courage.
“We wish to commend Taga-an not only for his competence and industry but most of all his courage in handling the case unlike some prosecutors who want to avoid the rest of prosecuting the case,” Barcenas said.
Barcenas is planning to move for the transfer of the venue of the trial of the case from Argao to Cebu City citing safety concerns for the complainant, witnesses, lawyers, and even members of the media who will cover the hearing.
Defense lawyer Inocencio dela Cerna said he had filed a petition for judicial determination of probable cause for Lerion.
He said they also asked to hold in abeyance the issuance of a warrant of arrest against his client because there is still pending motion to quash search warrant before the sala of Judge Soliver Peras.
Dela Cerna said Iglesia and Bacani adopted their arguments and asked Judge Maximo Perez of the Regional Trial Court in Argao to give them time to file supplemental petition.
Archival, his driver Alejandro Jayme, and bodyguard Candido Miñoza were killed in an ambush on February 18, 2014 at 1 p.m. while traversing the national highway in Barangay Coro, Dalaguete on board a black Ford SUV.
Another assistant of Archival, Paolo Cortes, survived the ambush.
The victims came from a court hearing in Dumaguete City, Negros Oriental and were on their way to Cebu City when the incident happened.
The accused were onboard a red Toyota Vios with plate number GSR 995 and a Mitsubishi Strada pickup.
The vehicles were all traced to the HPG-7 where the accused were assigned and have control over it. —/FPL (FREEMAN)