Cops involved in killing of Albuera, Leyte town mayor formally denies charges against them

MANILA—The camp of the policemen involved in the killing of Albuera, Leyte Mayor Rolando Espinosa and another inmate inside their detention cell in Baybay, Leyte on Monday formally denied the charges filed by the National Bureau of Investigation (NBI).

During the continuation of preliminary investigation, Atty. Roland Inting, one of the 12 lawyers representing the 24 respondents who were members of the Philippine National Police’s Criminal Investigation and Detection Group (PNP-CIDG) Regional Office 8 has submitted the counter-affidavits on multiple murder and perjury raps in connection with the death of Espinosa and fellow inmate Raul Yap last November 5.

“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,” Inting said.

Inting 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.

”All the respondents have filed their respective affidavit telling the panel what they were doing on the 5th of November 2016 to prove that there was really no conspiracy,” he added.

Second, he said aside from lack of evidence, the NBI included in the case names that are either wrongly designated, was on leave during the incident or the name was included by mistake.

Inting was referring to Police Officers 1 Jane Briones Gisma and Divine Grace Baclas Songalia who both said they were not part of the November 5 operation while 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.

”Basically you should remember that the complaint filed by the NBI included the names who were never there so in other words the complaint I would say is reckless,” he told reporters as he represents as spokespersons of the lawyer of the respondents.

Meanwhile, Espinosa’s son, suspected big-time drug lord Kerwin Espinosa present on the hearing and filed complaint affidavit against the same respondents.

Kerwin was accompanied by her lawyer Leilani Villarino said that there has to be a private complainant and the complaint was basically similar to the complaint filed by the NBI.

The five-man panel headed by Senior Assistant State Prosecutor Lilian Doris P. Alejo conducted a preliminary investigation to determine whether there is sufficient evidence to warrant the filing of case against the police officers

The prosecutors gave the police officers up to Feb. 2 to respond to Espinosa’s affidavit.

Facing a complaint for multiple murder are Superintendent Marvin Wynn Marcos, Superintentdent 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 filed perjury charges against PCINSP Leo Diao Laraga, PO3 Norman T. Abellanosa and Paul Olendan for maliciously obtaining a search warrant.

It will be recalled that citing testimonial and forensic evidence, the NBI said the killing of Espinosa, who has earlier surrendered to the authorities after he and his son Kerwin were named by President Rodrigo Duterte as being involved in the illegal drugs trade, and Yap, were a result of rub-out and not a shootout as claimed by the policemen who conducted the raid.

The police team who conducted the raid insisted that Espinosa shot at them first, prompting them to fire back.