Former CIDG 8 chief Marcos was guilty of command responsibility because of the blunder of his men — PNP Internal Affairs Service

The culpability of Supt. Marvin Marcos in the death of Albuera Mayor Rolando Espinosa last year was command responsibility because of the blunder committed by his men, a Philippine National Police Internal Affairs Service (PNP-IAS) official said Friday.

"Si Marcos hindi part ng operating team. Siya lang head ng CIDG 8. However, according kay Marcos nagpunta siya sa lugar para i-supervise ang operating team," Inspector General Alfegar Triambulo said in a text message to GMA News Online.

"Dahil may palpak ang trabaho ng mga tauhan niya, under the rules my pananagutan din siya bilang supervisor (command responsibility). Iyon lang ayon sa ebidensyang nakalap ang naging kasalanan ni Marcos sa kaso," he added.

Triambulo said Marcos, then chief of Criminal Investigation and Detection Group Region 8, was not part of the team that served the search warrant against Espinosa for violation of Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act.

Espinosa was detained at Leyte Sub-Provincial Jail in Baybay City for drug-related charges.

It was on the 5th of Novermber 2016 when Espinosa and drug suspect Raul Yap were killed in an alleged shootout inside the Baybay City Provincial Jail as the police were about to serve a search warrant on Espinosa.

The PNP IAS has recommended to PNP chief Director General Ronald dela Rosa a four-month suspension against Marcos.

"Ang penalty po sa kanyang kasalanan ay suspension up to six months.  Pero my rules din tayong sinusunod in fixing it kasi iko-consider din natin ang tinatawag na mitigating at aggravating circumstances," he said.

He explained that the range of penalty is divided into three--minimum, medium, and maximum.

"Kung may aggravating at walang mitigating - maximum; pag may mitigating at walang aggravating - minimum; kapag both ay meron -offsetting; kapag both circumstance ay wala -medium," he said.

He said in the case at hand, Marcos submitted mitigating evidence while the prosecution did not submit aggravating evidence.

"Dito sa kaso na ito maraming mitigating (such as) awards, commendations, length of service, etc. ang in-offer/submit ni Marcos," he said.

"Unfortunately, walang aggravating na in-offer ang prosecution, kaya nasa minimum period lang sana ang penalty ranging one to two months. Ginawa natin ng four months," he added.

Based on the recommendation of IAS, Marcos was found culpable for grave neglect of duty “and meted the penalty of suspension for four months after considering the attendant mitigating circumstances in his favor.”

Meanwhile, Supt Santi Noel Matira, Chief Insp. Leo Laraga, Senior Insp. Fritz Blanco, Senior Insp. Deogracias Diaz III, SPO4 Melvin Cayobit, SPO4 Juanito Duarte, SPO2  Benjamin Dacallos, PO3 Norman Abellanosa, PO3 Johnny Ibanez, PO1 Bernard Orpilla, PO1 Jerian Cabiyaan, and PO1 Lloyd Ortiguesa were found guilty of grave misconduct and meted the penalty of one rank demotion except Orpilla, Cabiyaan, and Ortiguesa who will instead be meted with a penalty of six months suspension.

Orpilla, Cabiyaan, and Ortiguesa “who occupy the lowest rank in the PNP have rendered the imposition of penalty of demotion to be impossible,” the recommendation states.

The IAS, on the other hand, dismissed the case against SPO2 Alphinor Serrano Jr of CIDG Region 8; Chief Insp. Calixto Canillas Jr., Senior Insp. Lucrecito Candilosas, SPO2 Antonio Docil, SPO1 Mark Christian Cadilo, PO2 John Ruel Dacolan, and PO2 Jaime Bacsal of PNP Regional Maritime Unit 8 “for lack of substantial evidence to prove their actual participation and or complicity to the commission of the  offenses charged.

PNP spokesperson Chief Supt. Dionardo Carlos said Friday that Marcos has filed a motion for reconsideration.

Dela Rosa, meanwhile, told reporters days before that Marcos has already served the suspension.

CIDG reassigned Marcos to head its office in Region 12.

Carlos said the reassignment was not due to the administrative case but because of the downgrading of the case from murder to homicide filed before the court against the police officers.

“When the case was downgraded to homicide and they were allowed to post bail, the leave of absence status were lifted thus they were placed on ‘on duty’ status,” he said in a press briefing.

Baybay City Regional Trial Court Branch 14 downgraded the case from murder to homicide upon the petition filed by the Department of Justice. Marcos and another cop were then allowed to post bail.

Carlos said when the police personnel were put on ‘on duty’ status they were returned to their units.

“Marcos was returned to the mother unit, CIDG, and CIDG placed him or reassigned him to CIDG Region 12,” he said. — BAP, GMA News