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DI NANLABAN | Espinosa killed to erase traces of cops' role in drugs - Lacson
By: Ernie Reyes, InterAksyon.com | Mae Anne Los Baños, News5
March 13, 2017 11:03 PM
Sen. Panfilo Lacson presides at a Senate hearing on the Mayor Espinosa killing in this Nov. 23, 2016 file photo. SENATE PRIB PHOTO
The online news portal of TV5
MANILA, Philippines – Albuera, Leyte Mayor Rolando Espinosa Sr., was murdered to hide living traces of the involvement in illegal drugs of some members of the Criminal Detection and Investigation Group Region 8, the Senate committee on public order and dangerous drugs has concluded.
Senator Panfilo Lacson reported the findings to the plenary on Monday, squarely pinning the blame on Police Supt. Marvin Wynn Marcos and other CIDG operatives. Lacson said they rubbed out Espinosa and then made it look like a shootout in the course of enforcing a search warrant, supposedly because the mayor was “nanlaban at napatay [fought back and was killed].”
“As we dig through the facts and consider other reports, we discovered that what was shown before us is more intricate and complex than what was then presented,” Lacson said in a privileged speech.
“We are convinced that the circumstances of this case clearly present a systematic 'clean up' made on any living trace that may reveal the involvement of several CIDG operatives in Kerwin Espinosa’s drug trade,” Lacson said.
Lacson mentioned the case of Edgar Allan Alvarez and Fernando Balagbis, who suffered the same fate while incarcerated. “Mr. President, the odds of being killed by the PNP while detained inside a government detention facility seemed to be very unlikely, until now.”
“Further, it is unbelievable that such similar fate would befall personalities involved in Kerwin Espinosa’s drug trade,” Lacson said.
Compelling reasons
With this, Lacson said the joint committee has found compelling reasons, based on evidence, to overturn the presumption of regularity accorded to the implementation of the search warrants conducted by the team of PSupt. Marcos, Chief Insp. Leo Laraga, and other CIDG personnel together with members of the Regional Maritime Unit.
“I beg your indulgence as I discuss briefly the basis of our conclusion that the killing of Mayor Espinosa was not a result of a legitimate police operations but rather, a case of premeditated murder,” Lacson said.
Lacson listed among those findings:
1. Notwithstanding the guidance of no less than the Supreme Court when it said that “a citizen’s privacy right is a guarantee that is available only to the public at large but not to persons who are detained or imprisoned,” the CIDG personnel maliciously obtained a search warrant in a court outside Baybay City to clothe the operation with an appearance of legitimacy.
2. The search warrant was issued by the judge after relying on a deposition of a certain Paul Olendan whose allegations were proven to be false. Olendan was around 100 kilometers away at the time he claimed he was inside the cell of the victims to see their firearms.
3. None of the statements contained in the affidavits executed by the jail guards and the inmates could corroborate the allegation of facts and the details presented by Marcos and Laraga on how they implemented the search warrants.
4. Instead of seeking assistance during the implementation of the warrant, the CIDG-8 personnel made the jail guards and PNP personnel in the jail facility kneel down, face the wall and surrender their firearms.
5. The CIDG’s blatant violation of the rule that law enforcement officers cannot go beyond the area specified in the search warrant in terms of the area to be searched. The search warrant could not be more clear: the area to be searched were Cells No. 1 and 2. However, the operatives proceeded to and searched Cell No. 7 just because Raul Yap was actually detained there.
6. The intentional and deliberate disregard for the chain of command in the PNP-CIDG when PSUPT Marcos did not notify his immediate superiors, PCSUPT Elmer Beltejar, PRO-8 Regional Director; and CIDG Director Roel Obusan of the operation against a high-profile detainee in the person of Mayor Espinosa.
7. The illegal items reported in the inventory after the search were merely planted by the CIDG team in order to justify their operation. The committee accorded value to the affidavits of jail guards and inmates stating the previous conduct of Oplan Galugad by the jail guards a few days before the CIDG operation, which yielded no illegal firearms and drugs. The panel also considered the testimony of two inmates who heard Mayor Espinosa telling the CIDG operatives that he did not have any firearm in his possession and pleaded with them not to plant the same inside his cell.
8. The incredible narration of PCI Laraga on how he was able to fire at Mayor Espinosa notwithstanding the supposed total darkness in his cell. To be more detailed, according to him, he was able to aim his gun properly after taking advantage of the spark coming from Mayor Espinosa’s gun when he initially fired at his team.
9. The erroneous timeline of events presented by PSUPT Marcos in his accomplishment report and his testimony during the public hearings. According to Marcos, the operation began at 4:10 a.m. However, the affidavit of PO2 Jennifer Monge said that at 3:49 a.m., SUPT MATIRA called the PNP RTOC Regional Tactical Office 8 requesting for the assistance of SOCO.
10. The hard drive containing the recordings of the CCTV cameras inside Baybay Sub-Provincial Jail went missing immediately after the CIDG team had full control over the penal facility.
11. Testifying in one of the Senate public hearings, Kerwin Espinosa confirmed that in the past, he had given huge sums of protection money to leaders of the CIDG operation who later figured in his father's murder. In fact, Marcos had received a sum of P3 million just last May 2016.
“Mr. President, after a thorough consideration of all the testimonies and documents submitted, let me tell you and everyone closely following this case: hindi po nanlaban si Mayor Espinosa [the mayor did not fight back at the police],” Lacson said.
He said that Espinosa - who might be willingto cooperate and provide information on the personalities involved in his son’s drug trade - was silenced by individuals who wanted their participation concealed.
“It just so happened that these individuals had access and means to do so through abuse of their authority. Moreover, his death posed a clear threat to his son, Kerwin Espinosa, who was already captured and was on his way back to the Philippines at that time,” he said.
“The deaths of Alvarez, Balagbis and even his father while inside their respective penal institutions is a statement that Kerwin is not safe anywhere and that the same fate awaits him should he decide to speak up and provide the information that will aid the PNP in its war against illegal drugs,” Lacson added.
Recommendations
Lacson presented to the Senate recommendations to expedite the determination of the propriety and liabilities or sanctions, if any, of the following:
1. JUDGE CARLOS ARGULLES, for his failure to act upon Mayor Espinosa's motion to be transferred to a safer prison facility, even though the deceased had expressed his intention to fully cooperate with the government and provide information crucial to the administration’s war against illegal drugs;
2. JUDGE TARCELO SABARRE, JR. of RTC Branch 30 Basey, Samar for issuing search warrants upon persons detained in a government detention facility located outside his court’s jurisdiction; and
3. JUDGE JANET CABALONA of RTC Branch 33, Calbiga, Samar, also for issuing search warrants upon persons detained in a government detention facility located outside her court’s jurisdiction.
The senator also asked the Department of Justice to expedite the resolutions on the preliminary investigation being conducted on the case of Espinosa.
“Considering the time, not to mention the overwhelming testimonial and documentary evidence presented before the five-man panel conducting the preliminary investigation, they should have already resolved this matter with urgency,” Lacson said.
The panel also urged President Duterte to stop micro-managing the affairs of the government and should place his trust in the sound discretion of his appointees, including PNP CHIEF DELA ROSA.
“In so far as the organizational and operational aspect of the PNP is concerned, the Chief should be given full authority and control on how he will manage the day-to-day affairs of the organization subject to limitations set by law,” Lacson said, referring to the reinstatement of Marcos who was sacked by Dela Rosa after the incident.
Legislative measures
Lacson proposed legislative measures as well:
1. The amendment of Article 183 of the Revised Penal Code to increase the penalty for false testimony or perjury.
2. The enactment of an “Anti-Contraband in Prison Act” penalizing those who would provide, assist, aid or abet in the introduction of any prohibited object or contraband inside a prison facility, along with the inmate who makes, possesses or obtains or attempts to make or obtain the same inside the prison facility; and imposing a stiff penalty for its commission.
3. The strengthening of the functions and mandate of the Internal Affairs Service (IAS) of the PNP so as to make the disciplinary system more timely, transparent and efficient. The panel sought to expand the motu propio investigation powers of the IAS to cover all acts and omissions, which tend to discredit or subvert the achievements of the institution. Investigations should be conducted within a mandatory period not exceeding 30 days after the case has commenced, and immediately thereafter, appropriate case/s shall be filed. Accordingly, the IAS should reach the resolution of the case within 30 days at most after the same has been filed.
4. The foundation of police training should be assessed; and the law creating the Philippine Public Safety College (PPSC) should be reviewed and amended either by strengthening it or by transferring control over training from the PPSC to the PNP.
“Mr. President, before I end this report, allow me to express my strong condemnation on the killing of Mayor Rolando Espinosa, Sr. and Raul Yap. Though they may have committed violations of our existing laws, the same is to be determined by our courts. Granting that certain freedoms are denied to detainees, including the right to privacy, they are still entitled to the fundamental right to life as guaranteed by the Constitution,” Lacson said.
“What we have at the moment is a race against time, where we either succeed or fail in exposing the truth. Though it seems that the end is nowhere in sight, today we emerge victorious for exposing these rogue uniformed personnel.”
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