DOJ points to conspiracy among policemen in Mayor Espinosa killing

Government prosecutors have pointed to conspiracy among policemen in the killing of Albuera, Leyte Rolando Espinosa and another inmate last November 5 at a sub-provincial jail in Baybay City, Leyte. 

Espinosa and Raul Yap’s deaths were subject of a two-month preliminary investigation conducted by a five-man panel of prosecutors from the Department of Justice (DOJ), which decided to file cases for murder, malicious procurement of search warrant, and perjury against 19 policemen and one individual before a Leyte court. 

Charged for one count of murder for Espinosa’s killing were:

• Supt. Marvin Marcos, former Criminal Investigation and Detection Group Eastern Visayas chief;
• Supt. Noel Matira,
• Chief Inspector Leo Laraga,
• SPO4 Melvin Cayobit,
• PO3 Johnny Ibañez,
• Senior Inspector Deogacias Diaz II, 
• SPO2 Benjamin Dacallos, 
• PO3 Norman Abellanosa,
• PO1 Jerlan Cabiyaan,
• Chief Inspector Calixto Canillas Jr.,
• Senior Inspector Lucrecito Candilosas,
• SPO2 Antonio Docil,
• SPO1 Mark Christian Cadilo,
• PO2 Jhon Ruel Doculan, and
• PO2 Jaime Bacsal

One count of murder in relation to Yap’s killing was filed against Marcos; Diaz; Dacallos; Abellanosa; Cabiyaan; Canillas; Candilosas; Cadillo; Doculan; Bacsal; SPO4 Juanito Duarte; PO1 Lloyd Ortigueza; Senior Inspector Fritz Blanco; PO1 Bhernard Orpilla; and SPO2 Antonio Docil.

Two counts of violation of Article 129 of the Revised Penal Code for maliciously obtaining search warrants and abuse in the service of the same  were filed against Laraga, Abellanosa, and Paul Olendan, the witness used by the policemen in securing the search warrants against Espinosa and Yap from Judge Tarcelo Sabarre Jr. of the Regional Trial Court branch 30 in Basey, Samar.

Perjury raps were also filed against Olendan.  

In its findings, the DOJ panel cited the respondents’ “collective and independent actions” which include Diaz’s group securing the inner and outer perimeter of the jail facility and the police successfully entering the cells which eventually led to the killing of Espinosa and Yap, “under the guise of implementing an alleged lawful search.”

The panel also noted Marcos briefed the teams and supervised the operations “from the beginning to end by closely coordinating with the group inside his car,” which was parked 70-80 meters outside the facility. 

“Their premeditated actions reek of conspiracy to commit a felony, in this case, to kill victims Mayor Espinosa and Mr. Yap,” the resolution dated March 2 stated. 

The DOJ, meanwhile, dismissed the charges against Senior Inspector Eric Constantino, SPO2 Alphinor Serrano Jr., PO1 Kristal Jane Gisma, PO1 Divine Grace Songalia, and PO2 Niel Centino for lack of probable cause. 

It was not established that Constantino, Serrano, Gisma, and Songalia they participated in the search operation, the DOJ said, while Centino has been on absence without official leave (AWOL) since October 5 last year. 

The DOJ panel also recommended to the Supreme Court the filing of administrative charges against Judge Sabarre, saying the application and issuance of the search warrant was “highly irregular, unnecessary and unprocedural.”

The panel said the Leyte Provincial Jail is a government detention facility, thus the policemen have “ready access” to the facility by merely coordinating the search operation with the jail administrator.

“The killings are qualified by evident premeditation since the attack was well planned. The records will show that respondents craftily executed the killings under the pretense of implementing a search warrant,” the resolution stated. 

The preliminary investigation conducted from late December to February this year by the DOJ was based on the complaints filed by the National Bureau of Investigation (NBI) with Espinosa's son, Kerwin, as private complainant. 

Marcos and 18 other policemen are now under the custody of the Criminal Investigation and Detection Group Region 8 (CIDG-8) in Leyte after arrest warrants were issued on March 16 by Baybay City Regional Trial Court Branch 14 Judge Carlos Arguelles.

Arguelles is the judge handling the illegal drugs and illegal possession of firearms cases against Espinosa and Kerwin, a self-confessed drug distributor for Eastern Visayas.

The SC is also currently doing an investigation on Arguelles’ non-action of Espinosa’s motion for transfer of detention citing security concerns. — RSJ, GMA News