PNP-IAS ends pre-trial on Marvin Marcos, et al

admin   •   January 11, 2017   •   3477

The PNP-Internal Affairs Service has terminated the pre-trial conference against P/Supt. Marvin Marcos (in photo) and his men in line with the killing of Albuera, Leyte Mayor Rolando Espinosa Sr.

The PNP-IAS Legal Affairs Service chief Atty. Shella Ujano-Castillo, who serves as the hearing officer, said the preliminary trial on the complaints against P/Supt. Marvin Marcos and his men is already closed.

The trial is in line with the killing of Albuera, Leyte Mayor Rolando Espinosa Sr.

The hearing officer said she is requiring the respondents to submit their position paper on or before January 31.

“We have the preliminary conference and it is already terminated and the parties are directed to file their position paper not later than January 31,2017,” Atty. Ujano-Castillo said.

WATCH: Duterte won’t interfere in P/Supt. Marocs’ case, says Dela Rosa 

IAS has 15 days upon receipt of position papers before the agency issues a resolution on February 15 which it will submit to PNP Chief Director General Ronald dela Rosa.

“The case shall be submitted by resolution with or without position paper,” Atty. Ujano-Castillo clarified.

The group is facing charges of grave misconduct which can lead to dismissal from service once proven guilty. — Lea Ylagan | UNTV News & Rescue

Makati City Prosecutor’s Office begins prelim probe on Christine Dacera case

Robie de Guzman   •   January 13, 2021

MANILA, Philippines — The Makati City Prosecutor’s Office on Wednesday started its preliminary investigation into the complaint lodged against 11 individuals over the death of flight attendant Christine Dacera.

The respondents are facing a complaint for rape with homicide. They were identified as among the individuals who were with Dacera hours before she died on January 1, following a night of partying with friends.

In a press statement, the Makati City Prosecutor’s Office said 7 out of 11 respondents and their legal counsels attended Wednesday’s hearing.

Five of them submitted their counter-affidavit.

The office also said that the Philippine National Police (PNP) has submitted a supplemental complaint but manifested that it is still awaiting results of the DNA analysis, histopath examination, and laboratory results from Makati Medical Center

“Hence, they moved for the resetting of the preliminary investigation,” it said.

Dacera was found in the bathtub of a hotel room in Makati where she attended a party with some friends on December 31, 2020.

Three of the respondents were detained by police but was ordered released by the City Prosecutor’s Office after it referred the case for further investigation to allow both the complainant and the respondents to submit more evidence.

The next hearing is scheduled on January 27.

IAS wants separation from PNP to prevent police influence in investigations

Maris Federez   •   October 17, 2019

MANILA, Philippines – The Philippine National Police – Internal Affairs Services (PNP-IAS) has signified its interest to be separated from the PNP and to have civilian investigators conduct impartial investigations.

He added that the IAS has no power to investigate the chief PNP.

Ang Internal Affairs ay nasa office mismo ng chief PNP. Siya mismo ang magdedesisyon. Hindi niya pwedeng desisyunan ang kanyang sarili (The Internal Affairs is directly under the office of the Chief PNP. He is the one who will decide a verdict. He should not decide his own case),” said Triambulo.

The interest to separate from the PNP stemmed from a case that happened in 2013 when the IAS recommended a dismissal order against the four police officers who got involved in the Agaw-Bato incident in Pampanga.

The officers, namely: PLt. Joven de Guzman, PMsg Donald Roque, PMsg. Rommel Vital, and PCpl. Romeo Encarnacion Guerrero Jr., were also involved in the alleged planting of evidence in a drug operation in Antipolo on May 04, 2019.

However, PNP-IAS inspector-general Alfegar Triambulo reported that the PNP failed to implement his recommendation to dismiss the said police officers from service.

Mas maganda kasi ang aming relationship o samahan noong dating Chief PNP si Bato Dela Rosa. Kasi yung resolution ko kung anong recommendation ko ay direkta sa kanyang opisina at inaaksyunan naman nya. Pero ngayon medyo nabago. Kasi meron memorandum na yung aking resolution ay dadaan muna sa DLOD,” said Triambulo.

(Our relationship then was better when the chief PNP was Bato dela Rosa. Because I would submit my resolutions, whatever recommendations I have, directly to his office and they would be immediately acted upon. But now, it has changed. Because there is now a memorandum that said my resolutions will still have to go through the DLOD.)

Triambulo believes that there had been a whitewash in the investigation on the 13 police officers who were involved in the Agaw-Bato incident in Mexico, Pampanga, that is why the evidence in the administrative case against these officers had turned out to be insufficient.

With this, the IAS will have to file another case of grave misconduct, violations of law and irregularity in the performance of duty against these police officers.

Ipa-file namin yun. Ang kailangan lang namin ay yung mga testimony at transcript doon sa Congress para umusad na yung kaso (We will file it. We just need the testimonies and transcripts from Congress to have the case rolling),” Triambulo added.

The IAS also wants to have the authority to give protection to those who will turn themselves into witnesses against the police.

Meanwhile, PBA Partylist Rep. Jericho Nograles has filed House Bill 3065 to amend the Republic Act 8551 or the Philippine National Police Reform Re-Organization Act of 1998 and form the IAS as a separate chain of command from the PNP. (from the report of Lea Ylagan) /mbmf

DOJ launches preliminary investigation into VP Robredo’s sedition case

Marje Pelayo   •   August 9, 2019

MANILA, Philippines – The Department of Justice (DOJ) has launched the preliminary investigation on the complaints of sedition filed against Vice President Leni Robredo and some members of the opposition.

Present in the investigation were respondents who belong to the free legal assistance group namely Atty. Erin Tañada; Atty. Chel.Diokno; Atty. Florin Hilbay; Atty. Philip Sawali and former Supreme Court spokesperson Atty. Theodore Te.

Also present was primary respondent and witness in the case, Peter Joemel Advincula alias Bikoy.

Robredo and 35 others were being linked to the so-called ‘Project Sodoma’ or a plot by opposition groups to oust President Rodrigo Duterte. Part of such plan was the release of the narco-video series ‘Ang Totoong Narcolist.’

Representing the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) was Assistant Solicitor General Angelita Miranda which the opposition argued as questionable.

“Ang OSG (ay) tribune of the people ‘no. Hindi tuta ng Malacañang, (OSG is the tribune of the people not a puppet of Malacañang),” noted Atty. Rene Saguisag, the legal counsel of opposition senator Risa Hontiveros.

“It should not sandbag itself into becoming a defender of the attempt of the administration to eliminate all dissent and dissenters,” he added.

Other respondents also aired their disappointment over Miranda representing the police.

“Inamin naman nila na nakialam sila sa paggawa ng salaysay ni Advincula, (They admitted their part in writing Advincula’s statement),” Diokno, for his part, said.

“Iyon ay sa palagay ko isang lehitimong tanong. Sino ba talaga at bakit ba talaga ano ba talaga nasa likod nitong kasong ito? (The question now is: Who is behind this case, what is his reason and why?)” he added.

“Noong tayo po ay solicitor general, hindi ko naisip na makialam sa investigation ng criminal matters dahil iyong power ng OSG in criminal cases ay limited doon sa appeal na mawawala iyong independence ng opisina na iyon kung sa lebel pa lang ng imbestigasyon ay nakikialam na sila,” argued former Solicitor General Florin Hilbay.

(When I was solicitor general, I did not think of meddling with the investigation of criminal matters because the power of the OSG when it comes to criminal cases is limited only to the appeal. The independence of the office will be tainted if it will intervene with the investigation.)

Miranda refused to make a statement to the media but she did mention a provision written in Executive Order 292 which allows the OSG to “act and represent the Republic and/or the people before any court, tribunal, body or commission in any matter, action or proceeding which, in his opinion, affects the welfare of the people as the ends of justice may require.”

The respondents were supposed to submit their respective counter-affidavits but according to Senior Assistant State Prosecutor Olivia Torrevillas they have received 15 motions already from the respondents.

Torrevillas heads the DOJ Panel.

Most of the respondents, Torrevilas said, have been requesting for a suspension of the trial until the latter gathers evidence from the CIDG.

The DOJ Panel gave the CIDG 10 days to produce the evidence and comply such as video footages of contained in a USB.

In case the motions are resolved, the respondents have until September 6 to submit their counter-affidavits.

Meanwhile, supporters of Robredo were determined despite the heavy rains.

“Hindi sedisyon ang sabihin ang katotohanan kaya narito po ang mamamayan na magpahayag para sabihin sa (Telling the truth is not an act of sedition, that’s why we’re here to tell the) Department of Justice: Drop the charges,” argued former DSWD Secretary Dinky Soliman. – MNP (with reports from Mai Bermudez)

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