LAWMEN involved in the killing of Albuera, Leyte mayor Rolando Espinosa inside a sub-provincial jail late last year appealed to the Justice department to review the criminal case filed against them.
The 19 members of the Criminal Investigation and Detection Group led by Supt. Marvin Marcos have filed a petition for review before the office of Justice Secretary Vitaliano Aguirre II seeking dismissal of the murder charge against them.
The policemen asked Aguirre to reverse the resolution of the prosecutors who found probable cause in the charges and approved the filing of the murder case before the Baybay City, Leyte regional trial court last month.
They claimed there was intention to kill Espinosa and his fellow inmate Raul Yap, claiming they only defended themselves from the two inmates inside the Baybay City sub-provincial jail who first fired shots at them while they were serving search warrants.
All the accused also asked for the suspension of their arraignment.
Judge Carlos Arguelles, of Baybay City RTC branch 14, granted their plea and reset the arraignment to June 7.
The prosecutors, who investigated the case, indicted the CIDG men after the Senate released its joint committee report finding their criminal liability in the killing of Espinosa.
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 are Senior Insp. Deogracia Pedong Diaz III, Chief Insp. 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 with murder of Espinosa: Supt. 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 murder of Yap – Senior Insp. 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 DOJ filed the case after the prosecutors chaired by Senior Assistant State Prosecutor Lilian Doris Alejo found that the killings of Mayor Espinosa and Yap inside the Baybay jail were attended by treachery and the respondents used stealth to carry out the raid.