Members of CIDG 8 file counter-affidavits in Espinosa slay case
MEMBERS OF the Criminal Investigation and Detection Group (CIDG) Region 8 on Monday submitted their counter-affidavits denying their involvement in the killing of Albuera, Leyte Mayor Roland R. Espinosa Sr. and inmate Raul Yap.
Lawyer Roland Inting, speaking for the 12 lawyers of the respondents, said: “All the respondents have filed their respective affidavit telling the panel what they were doing on the [Nov. 5, 2016] to prove that there was really no conspiracy.”
“Conspiracy has to be proven with the same evidence as what they say about the alleged murder [ but] they have not come up such an evidence,” he added.
The case stemmed from the raid of the CIDG 8 members, led by Police Superintendent Marvin Wynn Marcos, at the sub-provincial jail in Baybay, Leyte. Mr. Espinosa was killed, along with inmate Yap, an hour before dawn of Saturday, Nov. 5, for allegedly shooting it out with police officers said to be serving him a search warrant for illegal possession of firearms. The NBI, in their complaint, alleged that the operation was a “rub out.”
Mr. Inting also dismissed the complaint filed by the National Bureau of Investigation (NBI) as “reckless,” stressing that the complaint included names who were not present in the operation, and officers were also given wrong designation.
He recounted that Police Officers (PO) 1 Cristal Jane Briones Gisma and Divine Grace Baclas Songalia both claimed that they were not part of the said operation. They were also tagged as civilians in the said complaint.
One respondent, Niel Patrimonio Centino, has also been absent without official leave (AWOL) since Oct. 5, a month before the operation. Mr. Centino has yet to appear in the two hearings set by the DoJ.
“That basically put into question the complaint,” Mr. Inting added.
Meanwhile, the son of the slain mayor, self-confessed drug distributor Roland “Kerwin” E. Espinosa Jr. also appeared before the panel of prosecutors to file a supplemental complaint against the same respondents.
Lawyer Lailani Villarino, counsel of the younger Espinosa, said: “There has to be a private complainant.”
Others tagged in the complaint are: Police Superintendent Santi Noel Gaspang Matira, Police Chief Inspector Leo Daio Laraga, SI Deogracia Pedong Diaz, SI Fritz Bioco Blanco, SPO4 Juanito Ampado Duarte, SPO4 Melvin Mendoza Caboyit, SPO4 Eric Palattao Constantino, SPO2 Benjamin Layague Dacallos, SPO2 Alphinor Milla Serrano, Jr., PO3 Johnny Abuda Ibanez, PO3 Norman Tiu Abellanosa, PO1 Bernard Rodriguez Orpilla, PO3 Lloyd Ortinez Ortiguesa, PO1 Jerlan Sadia Cabiyaan, all assigned at CIDG Regional Office No. 08, Port Area, Tacloban City. As well as PCINSP Calixto Cabardo Canillas, Jr., PINSP Lucresito Adana Candelosas, SPO2 Antonio Romangca Docil, SPO1 Mark Christian Castillo Cadilo, PO2 John Ruel Baldevia Doculan, and PO2 Jaime Pacuan Bacsal, all assigned at Regional Maritime Unit 8 Port Area, Tacloban City.
Charges of search warrant maliciously obtained were also filed against PC IN SP Lara ga, PO 3 Abellanosa, and Mr. Granados.
Civilian Paul G. Olendan, whose testimony was the basis of the court order of search warrant for the raid, is also facing perjury raps.
The panel of prosecutors, led by Senior Assistant State Prosecutor Lilian Doris P. Alejo, directed all the respondents to submit their reply on Feb. 2, 10:00 a.m.