President Rodrigo Duterte simply exercised his freedom of expression when he said he would not allow the police officers implicated in the murder of Albuera Mayor Rolando Espinosa and fellow inmate Raul Yap to go to jail, Justice Secretary Vitaliano Aguirre II said Thursday.
鈥淭he President is merely exercising his right to express his opinion. He has the right to express what he is thinking,鈥� Aguirre told reporters.
The DOJ chief said Duterte鈥檚 use of hyperbole has been known even before he became the President and during the campaign period.
鈥淲e know that the President likes to use hyperbole, exaggeration. I see nothing wrong with what he said,鈥� he added.
Aguirre assured that Duterte鈥檚 pronouncement will not affect the preliminary investigation to be conducted by a panel of prosecutors that will handle the multiple murder and perjury cases filed by the National Bureau of Investigation (NBI).
He added that Duterte himself said in previous speeches that while he believes in the version of the members of the Criminal Investigation and Detection Group (CIDG), they could be charged in court if there is evidence against them.
鈥淭he President has not and will not interfere with the preliminary investigation to be conducted by the DOJ,鈥� Aguirre said,聽 adding that he was with him Wednesday night but did not mention about the Espinosa case.
Earlier, Aguirre ordered the creation of a panel of prosecutors to start evaluating the complaint filed by the NBI against the policemen involved in the killing of Espinosa and Yap, led by Superintendent Marvin Wynn Marcos.
Aguirre has designated Senior Assistant State Prosecutor Lilian Doris P. Alejo as chairperson of the panel while her members are Senior Assistant State Prosecutor Olivia L. Torrevillas, Assistant State Prosecutor Jinky P. Dedumo, Assistant State Prosecutor Karla T. Cabel and Prosecuting Attorney Moises Y. Acayan.
鈥淚n the interest of public service, pursuant to the provisions of existing laws and pursuant to the result of the investigation conducted by the NBI Eastern Visayas Regional Office, recommending the prosecution thereof, a panel of prosecutors is hereby constituted to conduct the preliminary investigation of the case,鈥� Aguirre said in his order.
鈥淚f evidence warrants, the panel is ordered to file the appropriate information in the court of competent jurisdiction and to prosecute the same,鈥� added Aguirre.
Aside from Marcos, complaints for murder, robbery, malicious procurement of search warrant, perjury and planting of evidence were filed before the DOJ against Superintendent Marvin Wynn Marcos, Superintendent Santi Noel Gaspang Matira, Chief Inspector Leo Daio Laraga, Senior Inspector (SI) Deogracia Pedong Diaz, SI Fritz Bioco Blanco, Senior Police Officer 4 Juanito Ampado Duarte, SPO4 Melvin Mendoza Caboyit, SPO4 Eric Palattao Constantino, SPO2 Benjamin Layague Dacallos, SPO2 Alphinor Milla Serrano, Jr., PO3 Johnny Abuda Ibanez, PO3 Norman Tiu Abellanosa, PO2 Niel Patrimonio Centino, PO1 Bernard Rodriguez Orpilla, PO3 Lloyd Ortinez Ortiguesa, PO1 Jerlan Sadia Cabiyaan, Cristal Jane Briones Gisma, Divine Grace Baclas Songalia, all assigned at CIDG Regional Office No. 08, Port Area, Tacloban City as well as PCINSP Calixto Cabardo Canillas, Jr., PINSP Lucresito Adana Candelosas, SPO2 Antonio Romangca Docil, SPO1 Mark Christian Castillo Cadilo, PO2 John Ruel Baldevia Doculan, and PO2 Jaime Pacuan Bacsal, all assigned at Regional Maritime Unit 8 Port Area, Tacloban City.
The NBI also recommended the filing of perjury charges against PCINSP Leo Diao Laraga, PO3 Norman T. Abellanosa
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.
The policemen who conducted the raid insisted that Espinosa shot at them first, prompting them to fire back./rga