Senator wants ‘flip-flop king’ Aguirre summoned over Espinosa slay case

Justice Secretary Vitaliano Aguirre II should explain to the Senate his department’s decision to downgrade the criminal charges against the policemen involved in the death of Albuera, Leyte Mayor Rolando Espinosa, Senator Risa Hontiveros said Tuesday.

In a statement, Hontiveros dubbed Aguirre as a “flip-flop king,” after the Department of Justice (DOJ) issued a decision last May 29 indicting Supt. Marvin Marcos and his co-accused for homicide instead of murder.

Marcos and 18 others were able to walk out of detention after they were released on bail, following the downgrading of charges.

"From being the fake news king of Padre Faura, Secretary Aguirre is also now immortalized as the DoJ's flip-flop king, a would be absolver of murderers," Hontiveros said.

“This is an obvious attempt at a cover-up through an unabashed flip-flop. It is an act of impunity to cover up another act of impunity," she added.

The DOJ ruling to downgrade the charges came after the accused Leyte policemen asked the department to overturn the resolution of the five-man panel of prosecutors in Manila that led to their indictment and arrest last March.

By downgrading the charges, Aguirre also “effectively further downgraded his reputation and integrity before the public's eyes,” Hontiveros said.

"This may be the last straw for many of us. We cannot allow Secretary Aguirre to continue to toy around with our justice system. Enough's enough," she added.

'Anomalous, suspicious'

Senate Minority Leader Franklin Drilon, meanwhile, finds the downgrading of charges are "anomalous and suspicious."

"The abrupt downgrading of the case against Supt. Marvin Marcos and his cohorts from murder to homicide is a big blow to the justice system in the country," Drilon, a former Justice secretary, said in a separate statement.

"This is a very disappointing development insofar as the ability of the government to prevent and prosecute police abuses and irregularities is concerned," he said.

Drilon said the decision is an "insult to the Senate," which conducted a thorough investigation on the killing of Espinosa.

The Senate committee on public order chaired by Senator Panfilo Lacson earlier said that the death of Espinosa, along with another inmate, Raul Yap, was a case of “premeditated murder.”

Lacson has urged the Senate to “denounce” the decision of DOJ.

Espinosa and Yap died after allegedly putting up a fight against policemen serving search warrants inside the Leyte Sub-Provincial Jail in Baybay City on November 5.

Drilon argued that under the law, premeditation qualifies a killing to murder.

"Secretary Aguirre told us under oath here in the Senate that he himself considers the killing as premeditated. He even pointed out that the conduct of Espinosa’s arrest was not consistent with the PNP's procedures," he said.

"It begs now the question: Why did the DOJ suddenly reverse its earlier decision, which was supported by ample evidence? Why not allow the court to determine if it’s murder or homicide?” Drilon asked.

He added the action would only "fuel speculations and fears of a growing police impunity in the country."—KBK, GMA News