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Friday, March 29, 2024

JV tells Marcos: Go on leave

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Senator JV Ejercito on Thursday said Supt. Marvin Marcos should just go on a voluntary leave “out of delicadeza” as he has become a liability for the Philippine National Police.

“I hope out of delicadeza, he [Marcos] should take a voluntary leave.

Ejercito said that Marcos had become “too hot to handle.”

Senator Grace Poe, however, said she does not expect delicadeza from Marcos because the said police officer who was re-assigned as head of the PNP-CIDG in Region 12 [Socksargen] “does not even tell thetruth.”

Senator Panfilo Lacson, for his part, wondered if it was possible that a Department of Justice [DoJ] circular may nullify the resolution that downgraded the murder charges against Marcos and his co-accussed in the killing of Albuera, Leyte Mayor Rolando Espinosa and another drug suspect last year.

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Lacson presented in last Wednesday’s hearing two circulars issued by Justice Secretary Vitaliano Aguirre II. One of them is  Circular 003 dated Jan. 4, 2017, which transfers the power to handle petitions for review from state prosecutors to DoJ undersecretaries.

In consonance with this circular, Undersecretary Reynante Orceo lowered to homicide the murder charge recommended by a DoJ panel of prosecutors led by Sr. Asst. State Prosecutor Lilian Doris Alejo of the DoJ National Prosecution Service.

In downgrading the charge, Orceo insisted that there was no evident premeditation in the killing of Espinosa and drug suspect Raul Yap, while both were detained inside a subprovincial jail in Baybay, Leyte.

In defending his decision, which was contrary to the findings of the NAPROS, National Bureau of Investigation, the Philippine National Police-Internal Affairs Section and the Senate committee on public order and illegal drugs,  chaired by Senator Panfilo Lacson, Orceo said his office had a different “apprecation of the facts of the case.”

But except for Orceo, all the other bodies that investigated the killings stood their ground that Marcos and his co-accused committed murder and not homicide.

Orceo also admitted that he was not privy to the details and circumstances in the killings of Espinosa and Yap.

Lacson also  said Aguirre also issued Circular 19, which set the implementing guidelines for Circular 003, stating that the guidelines shall cover petition for review filed from July 1, 2016, until Dec. 31, 2016—all Motion for Reconsiderations filed during the same period regardless of the date of petition for review, and all cases under automatic review only.

Since  Marcos and the other respondents filed their petition for review only on April 5, 2017, Lacson asked Orceo if this circular would invalidate his  resolution downgrading murder to homicide.

Orceo replied by citing a subparagraph of Circular 19 which provides that “for purposes of existing petitions for review, covered by these guidelines, existing Department Orders and other assignments made by the Secretary are applicable unless the same is revoked.

He added that undersecretaries are still authorized to resolve petition for reviews, considering these circulars.

However, Lacson was not convinced as he continued to question the legality and validity of the homicide charge filed aganst Marcos and his men, emanating  from an illegal act since the Office of the Undersecretary no longer had the authority to review, modify or reverse a ruling from  the NAPROS after the lapse of the effectivity of Department Circular No. 19.

Senate Minority Franklon Drilon, a former justice secretary,  noted that with this, Department Circular No. 003 should be in effect. It provides that it is only the justice Secretary who has such authority to review findings of the prosecution office.

Drilon and Lacson both assailed Orceo, whom they described as “not credible” and “difficult to be questioned” due to his deliberate cover up.

“What this hearing confirmed is the conspiracy to cover up the liability of Supt. Marcos. Instead of being able to explain what happened, it’s obvious in the hearing today that there’s a deliberate cover up in order to allow Supt. Marcos and group to be reinstated and to be able to post bail,” Drilon said.

The Senate leader also said he does  not believe Justice Sec. Vitaliano Aguirre had nothing to do with the downgrading of charges filed against policemen.

“It is not credible that you tell us that you did not consult your Secretary (Aguirre) when your Secretary expressed a different opinion. You are saying malakas ang loob mo hindi mo man lang tinatanong ang kalihim,” Drilon told Orceo.

Acting Prosecutor General Jorge Catalan Jr, who was also in the hearing, said they will “make a further study into whether it is invalid.”

Senator Paolo Benigno “Bam” Aquino IV then asked whether prosecutors can still backtrack on the homicide and re-file murder charges.

Alejo said since Marcos and his co-accused have been arraigned on homicide, she said they can file a motion to withdraw the information.

Due to the  downgrading of the charge, Marcos and his co-accused were able  to post bail and were fully restored to their duties as police officers.

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