DOJ to create panel to handle raps vs. cops involved in Espinosa killing

A team of prosecutors will be tasked to evaluate the complaints filed against policemen involved in the killing of Albuera, Leyte Mayor Rolando Espinosa and a fellow inmate at a sub-provincial jail on November 5.

On Wednesday, Justice Secretary Vitaliano Aguirre II said he will soon be issuing a department order containing the names of five prosecutors who will determine if the complaints forwarded by the National Bureau of Investigation (NBI) will be filed in court.

"The department order will be issued two days from now," Aguirre told GMA News Online.

Citing testimonial and forensic evidence, the NBI has concluded that the deaths of Espinosa and Raul Yap were a result of rubout and not shootout as claimed by Leyte policemen who conducted the bloody search operation on November 5.

"There was unison in their purpose and action, signifying that they were all moved by a single criminal intent," the NBI said.

"There is no indication that the police operatives, who participated in the killing, had desisted or those who acted as look outs had prevented the raiding team from shooting the victims. These only demonstrate their concerted efforts to perpetrate the commission of the crime," it added.

As a result, complaints for murder, robbery, malicious procurement of search warrant, perjury and planting of evidence under the Comprehensive Dangerous Drugs Act were filed by the NBI before the Department of Justice on December 2 against 25 people, including Supt. Marvin Marcos, former CIDG Eastern Visayas director, and other members of the raiding team.

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.

Olendan, a former inmate, allegedly lied to the court when he claimed seeing a handgun beside Espinosa's pillow and that Yap was repacking shabu when he visited the provincial jail, along with a certain Jojo, on October 28 allegedly upon the request of Yap.

The NBI, however, found out from his supervisor that Olendan was at the Leyte National High School in Tacloban City, some 130 kilometers away from Baybay City, the whole day of October 28 where he works as a utility personnel. — RSJ, GMA News