Justice Secretary Vitaliano Aguirre II on Wednesday approved the downgrading of charges against members of the Criminal Investigation and Detection Group team implicated in the killing of Albuera, Leyte Mayor Rolando Espinosa and fellow inmate Raul Yap inside a sub-provincial jail in November last year that allowed them to post bail for their temporary release from detention recently.
Aguirre said he has read the resolution issued by DoJ Undersecretary Reynate Orceo last May 29 and agreed with the findings of his subordinate.
“As what I said at the very beginning, I support the findings of Usec. Orceo. I can vouch for his integrity,” Aguirre said. “Actually, the existence of evidence of premeditation in the case has not been proven to qualify the killing as murder,” Aguirre said in a text message.
Aguirre upheld the Department of Justice resolution downgrading the cases against 19 accused led by Supt. Marvin Marcos before the Baybay City Regional Trial Court, Branch14, from murder to homicide, which is a bailable offense.
The DoJ chief also bewailed how critics assailed the resolution without actually looking into the grounds for the downgrading of the charges, citing for instance the “editorial of a biased leading broadsheet.”
“Everybody was attacking the resolution on irrelevant matters and ascribing ill motives in its issuance, but no one has discussed whether the downgrading is correct or not—whether the same is supported by evidence and in accordance with law and jurisprudence,” he said.
Aguirre also turned down the proposal in the Senate to strip the Justice secretary of his power to review serious cases and transfer it to another authority, possibly a retired justice of the Supreme Court.
“I believe that is unconstitutional. You could not diminish the power of the President as the Chief Executive. One must remember that as the alter ego of the President, I am merely acting for and in his behalf,” he said. “They must first prove that the DoJ resolution is not correct. No one has done that before,” he said.
Senator Richard Gordon made the proposal in the Senate in response to the downgrading of the charges against the killers of Espinosa and Yap.
The senators have sought the reopening of the Senate probe after the DoJ downgraded the charges against Supt. Marvin Marcos and his men despite the earlier findings of the Senate and the National Bureau of Investigation that they should be liable for murder.
Aguirre had said that while he would cooperate with the inquiry, the Senate has no authority to reserve the findings of the DoJ and only the courts can do so.
In a motion filed before the Baybay RTC two weeks ago, the DoJ amended the cases against the accused based on its resolution on their petition for review.
The DoJ denied the plea of the CIDG men for dismissal of the cases, and only downgraded the charges against them.
The petition for review filed with the DoJ by the accused last April had effectively suspended the proceedings before the Baybay RTC where the accused are also facing cases for malicious procurement of search warrant and perjury. Last March, the DoJ indicted Marcos and company after a panel of prosecutors chaired by Senior Assistant State Prosecutor Lilian Doris Alejo found in preliminary investigation that the killings of Mayor Espinosa and Yap inside the Baybay jail were attended by treachery and that the respondents used stealth to carry out the raid.
Marcos and 10 of his men were charged with two counts of murder for allegedly being involved in the killings of Espinosa and Yap.
The other accused facing two counts of murder are Senior Inspector Deogracia Pedong Diaz III, Chief Inspector Calixto Canillas Jr., Inspector Lucresito Candelosas, Senior Police Officers 2 Benjamin Dacallos and Antonio Docil, Senior Police Officer 1 Mark Christian Cadilo, Police Office 3 Norman Abellanosa, Police Officers 2 John Ruel Doculan and Jaime Bacsal, and Police Officer 1 Jerlan Cabiyaan.
Four other police officers were charged for murder of Espinosa – Superintentdent Santi Noel Matira, Chief Inspector Leo Daio Laraga, Senior Police Officer 4 Melvin Caboyit and Police Officer 3 Johnny Abuda Ibanez – while four others for the murder of Yap – Senior Inspector Fritz Bioco Blanco, Senior Police Officer 4 Juanito Duarte, Police Officer 2 Lloyd Ortiguesa and Police Officer 1 Bernard Orpilla.
Abellanosa, Laraga and witness Paul Olendan were also indicted for two counts of Article 129 of Revised Penal Code for maliciously obtaining search warrants.
The prosecutors pointed out that the CIDG men were armed and clearly outnumbered the victims. They also said that evident premeditation was also present since the attack was well planned, with the execution of the killings under the deception of implementing a search warrant.
During preliminary investigation hearings, the accused 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 the search warrants.
