Archival Update: Prov. Prosecutor Denies Motion to Defer Prelim Investigation

The Cebu Provincial Prosecutor’s Office has denied the motion to defer the investigation of the suspects of the killing of lawyer Noel Archival.

“As the off-repeated dictum says ‘A delay in the dispensation of justice is a denial thereof.’ Hence, unless an order is issued by the Secretary of Justice granting respondents’ prayer, this office has no other recourse but to proceed with the preliminary investigation,” read the resolution signed by acting provincial prosecutor Jesus Rodrigo Taga-an.

Respondents Regional Highway Patrol Unit-7 chief Senior Superintendent Romualdo Iglesia, Senior Inspector Joselito Lerion, Chief Inspector Eduardo Mara, Senior Police Officer 4 Edwin Galan and Police Officer 1 Alex Bacani, through their lawyer Inocencio dela Cerna, filed a motion to defer and hold in abeyance the preliminary investigation of the multiple murder and frustrated murder complaints filed last June 13.

The respondents reasoned that while the Department of Justice has not yet resolved their motion for reconsideration on the order denying their motion for change of venue and inhibition, the Provincial Prosecutor’s Office should not start the investigation yet.

But Taga-an said if they would do it, they would delay the case further, and it would not be good for both parties.

The acting provincial prosecutor also ordered the respondents to submit their supplemental counter-affidavit and comments to the National Bureau of Investigation.

The officials of RHPU-7 were tagged in the killing of Archival and his companions last February 18 in Barangay Coro, Dalaguete, Cebu.