Aguirre: No flip-flopping in Mayor Espinosa slay case

Secretary Vitaliano Aguirre II on Wednesday took exception to claims the Department of Justice (DOJ) flip-flopped in the case involving the killing of Albuera, Leyte Mayor Rolando Espinosa at the hands of policemen last November 5.

Aguirre said the decision of the DOJ to downgrade the charges against the 19 policemen led by Supt. Marvin Marcos was part of the legal process in criminal cases.

"The petition for review was decided. It so happened that it was downgraded, the original charges of murder to homicide. It is following a process. No such thing as flip-flopping," the Cabinet official told reporters.

He said parties still have remedies available before the DOJ by filing a motion for reconsideration or they could go to court which will be the "final arbiter of this controversy."

"In the review of the resolutions of the DOJ, there's no other agency in the government, except the court, who could review our decisions," Aguirre said.

"We have to stand by the [review] resolution of my department and we
have to presume regularity in the performance of our duties,” he said in a separate television interview.

While he is ready to face any Senate probe into the issue, Aguirre said the legislature has no power to overturn any resolution coming from the DOJ.

"They could investigate the circumstances in the issuance of the resolution, but I believe that the Senate has no power to overturn any resolution coming from the [Department of Justice]. That is not their function," he said.

He also insisted that he had no hand in the the drafting of the resolution which was handed down by the DOJ, through Undersecretary Reynante Orceo, on May 29.

Marcos and the other policemen were initially charged with murder, but the DOJ downgraded the charges to homicide, which the Baybay City court accepted, allowing the policemen to post bail last week.

The downgrading of charges has earned the criticism of several quarters, including the senators who had conducted an inquiry and later on concluded that the killing of Espinosa and another inmate Raul Yap was premeditated murder.

Senator Panfilo Lacson said the Senate should denounce the DOJ while Senator Risa Hontiveros said the agency's action was an "obvious attempt at a cover-up through an unabashed flip-flop."

"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," said Senate Minority Leader Franklin Drilon on Tuesday.

Drilon recalled that Aguirre even labeled the operation as an “overkill."

Aguirre said his statements during the November 23 hearing only reflected his opinion "at the time."

"We have to remember that at the time of the Senate investigation, wala pang abogado 'yang mga respondents na 'yan para mag-prepare ng kanilang mga depensa. Hindi pa napag-aaralan ng malalim 'yan," he said.

The DOJ panel of prosecutors started the preliminary investigation on the complaints for multiple murder, robbery, malicious procurement of search warrant, perjury and planting of evidence under the Comprehensive Dangerous Drugs Act on December 20 last year.

The panel wrapped up hearings last February and came out with a resolution on March 2, which has since been reversed. —KG/ALG, GMA News