THE Department of Justice will soon release its findings on the charges against members of the Criminal Investigation and Detection Group team involved in the killing of Albuera, Leyte Mayor Rolando Espinosa and fellow inmate Raul Yap in November last year.
Justice Secretary Vitaliano Aguirre II said the resolution is ready and just awaiting for signature of the Prosecutor General Victor Sepulveda.
Aguirre made the statement after the Senate called on the DoJ to now resolve the multiple murder and perjury charges filed by the National Bureau of Investigation and Espinosa’s son, alleged drug lord Kerwin Espinosa.
Sepulveda is expected to sign the resolution of the panel of prosecutors chaired by Senior Assistant State Prosecutor Lilian Doris Alejo when he returns to the DoJ on Monday after a leave of absence.
Earlier, the Senate released its joint committee report finding criminal liability of the CIDG operatives led by Supt. Marvin Marcos.
The NBI filed the complaint against the CIDG men in December last year, but the DoJ has yet to release its resolution.
Among those identified for the filing of murder charges was Supt. Marvin Marcos, the head of the Region 8 Criminal Investigation and Detection Group who led the Nov. 5 raid, and who President Rodrigo Duterte had ordered reinstated on the same day he was relieved over allegations that he accepted drug payoffs.
In its report to the Justice Department, NBI also recommended the filing of charges against Police Chief Insp. Leo Diao Laraga, Police Officer 3 Norman T. Abellanosa and Paul Olendan, for the search warrant “maliciously obtained” and for violations of the Revised Penal Code.
Citing testimonial and forensic evidence, the bureau alleged that Espinosa and Yap were killed in a rub-out and not a shootout as claimed by the policemen who conducted the raid.
During preliminary investigation hearings, the respondents denied conspiring to kill Espinosa and Yap and insisted on their claim that they only defended themselves from the two detainees at the Baybay City sub-provincial jail who first fired shots at them while they were serving search warrants.
The NBI also noted that an earlier operation conducted on October 30 had made a thorough search of the jail, precisely to rid the premises of contraband, including firearms and illegal drugs, but found only a few items such as cellphones.
It was, therefore impossible for Espinosa and Yap to possess these firearms and illegal drugs inside their respective cells on the night of the supposed implementation of the search warrants, the NBI said in its report.
The NBI also said the search warrant used by the raiding team was maliciously obtained because it was based on a perjured affidavit from Olendan, who claimed he went to Baybay City to visit Yap in jail, when records showed he was at the Leyte National High School, where he works as a utility personnel.
“From the pieces of evidence, the NBI concluded it is patently clear that the acts of the CIDG 8 operatives showed a community of purpose or an implied conspiracy,” the NBI report said.
