DOJ: Probe on case vs. Marcos, 23 other cops to push through
DEPARTMENT of Justice (DOJ) Secretary Vitaliano Aguirre II yesterday said that the agency will continue the preliminary investigation on the case filed by the National Bureau of Investigation (NBI) against members of the Criminal Detection and Investigation Group (CIDG) - Region 8 in connection with the killing of Albuera, Leyte mayor Rolando Espinosa.
The DOJ made the statement despite President Rodrigo Duterte’s remarks defending the policemen allegedly involved in the killing.
“It will not affect (the proceedings of the case). We will continue our preliminary investigation,” Aguirre said when sought for a comment.
Espinosa was named by President Duterte as being involved in the illegal drugs trade.
On Tuesday, the NBI said that the twin-killing of Espinosa and fellow inmate Raul Yap inside their detention cells at the Leyte SubProvincial Jail in Baybay City last Nov. 5 was a “rubout.”
NBI spokesman Ferdinand Lavin said their parallel investigation, under Aguirre’s instruction, showed testimonial and forensic evidence that the actions of policemen, who served the search warrant on Espinosa in the wee hours of Nov. 5, “showed a community of purpose or an implied conspiracy.”
“We respect the findings of the police but this is the findings of the NBI and we stand by our findings. We believe that there was criminal intent, they had purpose in killing mayor Rolando Espinosa at Raul Yap. There was community of purpose, there was mission in their action, there was conspiracy,” Lavin said.
He said the forensic team did their best to recreate the crime scene, noting that the forensic findings are consistent with the testimonial evidence.
The NBI filed before the DOJ multiple murder and perjury case against 24 members of the Philippine National Police’s Criminal Investigation and Detection Group (PNP-CIDG) Regional Office No. 08 lead by P/Supt. Marvin Wynn Marcos.
Meanwhile, Aguirre created a five-man panel to conduct preliminary investigation and determine whether there is sufficient evidence to warrant the filing of a case by the NBI against the policemen involved in the killing of Espinosa and fellow inmate Yap inside the jail in Baybay City.
In his Department Order no. 890 issued on Wednesday, Aguirre designated Senior Asst. State Prosecutor Lilian Doris P. Alejo as chairperson while her members are Senior Asst. State Prosecutor Olivia L. Torrevillas, Asst. State Prosecutors Jinky P. Dedumo and Karla T. Cabel; and Prosecuting Attorney Moises Y. Acayan.
The panel will conduct a preliminary investigation on the multiple murder and perjury case against the 24 suspects.
“In the interest of public service, pursuant to the provisions of existing laws and pursuant to the result of the investigation conducted by the NBI Eastern Visayas Regional Office, recommending the prosecution thereof, a panel of prosecutors is hereby constituted to conduct the preliminary investigation of the case,” Aguirre said in the Department Order.
“If evidence warrants, [the panel is ordered] to file the appropriate information in the court of competent jurisdiction and to prosecute the same,” said Aguirre.