CEBU, Philippines - The camp of slain lawyer Noel Archival is seeking for the denial of the motion filed by the former officials of the Regional Highway Patrol Group-7 who are seeking to suspend the trial and the issuance of the warrant of arrest against them.
In their opposition filed before the sala of Judge Maximo Perez, lawyers Democrito Barcenas and Gloria Lastimosa-Dalawampu said the motion filed by the HPG former officials is defective.
“It is our humble submission that the motions to defer proceedings, suspend trial, and issuance of warrant of arrest are untenable and procedurally infirm and should, therefore, be rejected by this court,” the motion of the opposition reads.
Senior Superintendent Romualdo Iglesia, Senior Inspector Joselito Lerion and PO1 Alex Bacani, who are charged for multiple murder and frustrated murder, had earlier filed a motion through their counsel, to hold in abeyance the issuance of the arrest warrant and to determine if there is probable cause that they committed the crime.
However, Barcenas and Dalawampu moved for the denial of the motion. They claim that the motion filed by the defense was defective as they failed to furnish the prosecution the copy of their pleading which is a violation of the rules of court.
The prosecution asked Perez for the issuance of the warrant of arrest against Iglesia, Lerion and Bacani.
Acting Cebu Provincial Prosecutor Jesus Rodrigo Tagaan earlier filed the case against Iglesia, Lerion and Bacani before the court after finding probable cause. He denied the motion for reconsideration filed by the three for lack of merit.
Tagaan dropped Chief Inspector Eduardo Mara and SPO4 Edwin Galan from the charges for the insufficiency of evidence against them.
Archival, his driver Alejandro Jayme, and bodyguard Candido Miñoza were on board a black Ford SUV when they were ambushed while traversing Barangay Coro, Dalaguete, Cebu, on February 18, 2014. Only Paolo Cortes, on call-assistant of Archival, survived the attack.The victims came from a hearing in Dumaguete. — Mylen P. Manto/ATO (FREEMAN)