CEBU, Philippines - Despite the motion to defer proceedings filed by the prosecution camp, the court yesterday heard the pleadings filed by the former officials of the Regional Highway Patrol Unit-7 tagged in the killing of lawyer Noel Archival and his companions.
This was to determine probable cause.
Lawyer Inocencio dela Cerna, one of the legal counsels of Senior Inspector Joselito Lerion, said in an oral argument their motion for judicial determination of probable cause with motion to hold in abeyance issuance of warrant of arrest and to suspend further proceedings with manifestation of pending motion for quashal of search warrant is not defective contrary to the claim of the prosecution.
He told Regional Trial Court Judge Maximo Perez that he has furnished acting provincial prosecutor Jesus Rodrigo Tagaan, provincial prosecutor Jane Pepeta Petralba and legal counsels of the family Archival, lawyers Gloria Lastimosa-Dalawampu and Democrito Barcenas, copies of their motion through registered mail and personal service to Dalawampu.
Lawyer Joselito Frial, legal counsel of Senior Superintendent Romualdo Iglesia, said on September 25, 2014, they filed a manifestation adopting the arguments of Lerion and on September 30, they filed a supplemental manifestation through registered mail and set the hearing of the same yesterday.
Lawyer Reynaldo Lugtu, representing Police Officer 1 Alex Bacani, said their camp has already filed supplemental arguments on September 30, 2014 and had not received a copy of the motion filed by the prosecution.
Lugtu manifested that there were no evidence against his client as well as Iglesia and Bacani. He said the only reason Iglesia was implicated in the crime was because he was driving a vehicle similar to that used in the killing.
Bacani was implicated because he was driving similar vehicle allegedly used in the ambush-slay of the victims, according to Lugtu, but the vehicle was neither recovered nor properly identified. Same applies to Lerion’s case.
State Prosecutor Benison Harayo said the prosecution was able to prove and gathered pieces of evidence as to the motive of the killing of the victims. (FREEMAN)