THE policemen accused of killing Albuera Mayor Rolando Espinosa and fellow inmate Raul Yap asked the Department of Justice on Monday to dismiss the criminal charges against them for lack of evidence.
During a preliminary hearing conducted by the DoJ, 23 out of the 24 respondents charged with murder, robbery, malicious procurement of search warrant, perjury and planting of evidence submitted their respective counter-affidavits denying the complaint filed by the National Bureau of Investigation.
Speaking on behalf of the 12 other lawyers representing the respondent-policemen, Atty. Roland Inting described the NBI complaint as reckless.
Inting said the NBI failed to substantiate that there was conspiracy among the 24 police officers.
“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,” the lawyer told reporters.
He said the respondents gave a detailed account on what they were doing and where they were on the day Espinosa was killed inside the Baybay jail.
The lawyer also claimed that the NBI included as respondents in the complaint several policemen that were either wrongly designated, or on leave during the incident or who were not at all part of the Nov. 5 operation.
He cited, for instance, the names of Police Officers 1 Jane Briones Gisma and Divine Grace Baclas Songalia, who were not present during the incident.
The lawyer added that another accused identified as Police Officer 2 (PO2) Niel Patrimonio Centino has been absent without official leave since Oct. 5, 2016 or exactly a month before Espinosa and Yap were killed inside the Baybay Jail.
Centino was the only accused who failed to submit his counter-affidavit during yesterday’s proceedings.
The panel of prosecutors gave the police officers up to Feb. 2 to respond to Espinosa’s affidavit.
Charged before the DoJ in connection with Espinosa and Yap’s killing were Supt. Marvin Marcos, who led the operation; Superintendent Santi Noel Gaspang Matira, Chief Inspector Leo Daio Laraga, Senior Inspector (SI) Deogracia Pedong Diaz, SI Fritz Bioco Blanco, Senior Police Officer 4 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, PO2 Niel Patrimonio Centino, PO1 Bernard Rodriguez Orpilla, PO3 Lloyd Ortinez Ortiguesa, PO1 Jerlan Sadia Cabiyaan, Cristal Jane Briones Gisma, Divine Grace Baclas Songalia, 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.
The NBI also recommended the filing of perjury charges against PCINSP Leo Diao Laraga, PO3 Norman T. Abellanosa.
Also charged with perjury and malicious procurement of search warrant was Paul Olendan, the witness used by the police to obtain the search warrants against Espinosa and Yap from Judge Tarcelo Sabarre Jr. of the Regional Trial Court branch 30 in Basey, Samar.
The preliminary investigation is being conducted by a five-man panel of prosecutors headed by Assistant State Prosecutor Lilian Doris P. Alejo.