24 CIDG, Maritime cops conspired to murder Albuera mayor

Albuera, Leyte Mayor Rolando Espinosa was a victim of rubout and not a shootout, the National Bureau of Investigation (NBI) said yesterday.

With the findings of criminal intent and conspiracy, the NBI recommended to the Department of Justice (DOJ) the filing of multiple murder and perjury charges against 18 Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) police officers and six officers from the PNP Regional Maritime Unit 8 involved in serving a search warrant that led to the killing of Espinosa inside the Leyte sub-provincial jail in Baybay City last November 5.

“It was a rubout. We believed that there is a criminal intent. There was a conspiracy behind it,” NBI spokesman Ferdinand Lavin said during a press briefing yesterday.

“The pieces of evidence and the forensic examinations conducted bythe NBI had matched. We have a strong case,” Lavin added.

Facing multiple murder are CIDG Region 8 chief Superintendent Marvin Marcos, Superintendent Noel Matira, Chief Inspector Leo Laraga, Senior Inspectors Deogracia Diaz and Fritz Blanco, Senior Police Officers Melvin Cayobit, Eric Constantino, Benjamin Dacallos, Juanito Duarte and Alphinor Serrano Jr., police officers Johnny Ibanez, Norman Abellanosa, NielCentino, Bernard Orpilla, Lloyd Ortiguesa, Jerlan Cabiyaan, Cristal Gisma and Divine Grace Songalia. Likewise facing the same charges are PNP Regional Maritime Unit 8 personnel Chief Inspector Calixto Canillas Jr., Inspector Lucresito Candelosas, and police officers Antonio Docil, Mark Cadilo, John RuelDaculan, and Jaime Bacsal.

PERJURY CHARGES

Laraga, Abellanosa, and Paul Olenadan are also facing perjury charges for allegedly lying under oath during court proceedings for the issuance of a search warrant.

The NBI debunked all of Olendan’s claim.

Olendan had testified that he saw Espinosa holding a gun while sitting on his bed, and Raul Yap repacking shabu at cell No. 2 on October 28, 2016. Yap was likewise killed.

An “OplanGalugad” on the cells was conducted on Oct. 30, 2016, which yielded nothing but cell phones from the cells.

“It was, therefore, impossible for Espinosa and Yap to possess these firearms and illegal drugs inside their respective cells on the night of the supposed implementation of the search warrants,” the NBI stated.

The NBI further said that the application for search warrant was maliciously obtained by the applicants since the deponent’s affidavit was perjured.

The NBI found out that Olendan’s claim that he entered the Leyte-sub provincial jail never took place on Oct. 28, 2016.

The supervisor and co-workers of Olendan at the Leyte National High School testified before NBI agents that on the day Olendan allegedly saw Espinosa and Yap, he had reported for work that whole day. His daily time record and raw data of biometric also revealed the same.

Other inmates also claimed that Yap had never, even once, left his cell to go to cell No. 2 to repack shabu.

NO SHOOTOUT

Based on the findings revealed by NBI Region 8 Director Jerry Abiera, the bursts of gunfire heard in the early morning of November 5 emanating from the cell No. 1, where Espinosa was detained, was not due to a shootout.

Abiera said an inmate, Donald Palermo, who was at cell No. 2, told NBI agents that police officers, prior to the killing, entered the cell of Espinosa, turned off the lights, and then “simultaneously gunshots followed.”

The NBI investigation also revealed that a police officer was seen positioned near the cell No. 2 and No. 3, and giving a thumb-down signal to other operatives after the bursts of gunfire.

Palermo also claimed that when operatives were already inside the cell, Espinosa was heard saying,“Maawa po kayo. Huwag ninyo akong lagyan.”

Palermo also identified Laraga as the one who shot Espinosa.

After the “simultaneous gunshots” a policeman wearing gloves was seen entering Espinosa’s cell holding a firearm. When the police officer came out, he was no longer holding the firearm, the findings showed.

Prior to the alleged shootout, other inmates at cell No. 7, where Yap was detained, were ordered to get out. Yap was left alone in the cell.

Lavin said a security camera footage that could have supplemented the findings was not obtained because the external drive where the footage was stored was nowhere found.

ESPINOSA KNEW HIS CELL

Abiera further said that if there was a shootout, Espinosa could have fired at the right directions and not meters away from the door.

Investigation showed that two bullet holes that were found inside the cell were “too far away from the cell’s door where the operatives were standing.”

NBI agents elaborated that if Espinosa initiated a shootout, he could have fired toward the door.

Police claimed that upon entering the cell, Espinosa fired shots at the operatives.

But NBI findings showed that it was impossible for Espinosa to retaliate by firing at the walls away from the police officers.

“Because he knew his cell, he could have known where to fire his shots if he retaliated,” Lavin said.

Bullet hole No.1 was seen on the left side wall of the cell which is 2.30 meters away from the door. While another bullet hole (No.2) was seen near the comfort room at the back portion of the cell.

It was also disclosed that a hair strand of Espinosa was found on the bullet holeNo. 1.

Abiera further disclosed that the bullet wounds on Espinosa’s body wasfired within a seven-inch distance.

DAYAN TO REVEAL MORE

Meanwhile, Senator Leila de Lima’s former driver-lover, Ronnie Dayan, who was cited in contempt, was freed from detention and allowed to go home yesterday by the Senate Public Order and Dangerous Drugs Committee after vowing to reveal more information.

Senator Panfilo “Ping” Lacson, chair of the committee chair conducting an inquiry into the killing of Mayor Espinosa, said the Senate panel has effectively lifted the contempt charges against Dayan since he has promised to make himself available at the next scheduled hearing.

It was Sen. Emmanuel “Manny” Pacquiao who moved that Dayan be cited in contempt for allegedly lying to the senators when pressed about how he got to know Kerwin Espinosa, son of the slain mayor and a suspected dealer of illegal drugs.

Because of Pacquiao’s motion, Dayan was briefly detained at the Senate Office of the Sergeant-at-Arms (OSAA).

“He was cited in contempt because nobody objected yesterday (Monday, Dec. 5),” Lacson said in an interview.

“After a briefing with him last night at the Office of Sen. (Vicente) Sotto III with (Sen. Gringo) Honasan, we agreed that, since he promised he will make himself available we will just allow him to go back home,” Lacson added.

The senator said Dayan was escorted back to Pangasinan, together with his wife and children who were also at the Senate.

“We advised him to compose himself, to rest his mind so that he can remember the things he’s supposed to remember. I think that’s the proper approach to help reboot his memory because it’s clear he is getting confused,” Lacson told reporters.

He said Dayan wanted to say a lot of things during Monday’s proceedings but he had no opportunity to do it.

“If there would be another hearing, I’m sure he would reveal some more information,” the senator said.

Lacson said they are convinced that Dayan is having a hard time recollecting the transactions and activities he had with de Lima when he was still working under the former Department of Justice (DOJ) secretary.

Both De Lima and Dayan have admitted they were in a relationship for seven years.

At the fourth hearing into the Espinosa killing, Dayan finally had the chance to testify before the Senate and face off with Kerwin to whom he collected the P8million in protection money and campaign funds for De Lima.

After insisting the exchange of money happened in 2014, Dayan was forced to agree with Kerwin’s testimony it transpired in 2015, after he was shown a photo of De Lima together with the younger Espinosa and his wife taken on Nov. 19, 2015 that was uploaded on Facebook.

“I think he’s so tired. I think in due time he’ll be able to recollect…I hope after having fully rested marami pa siyang ma-recall,” he said.

Asked if Dayan can recall if he and De Lima went to Leyte during those times to campaign, Lacson said the witness said yes.

“May na-recall siya na namasyal sila sa Leyte during those times. Sabi ko, sige isipin niyong mabuti ano ang mga lakad ninyo na di mo maalala,” he said.

He won’t, however, divulge information Dayan offered during the meeting, saying he would let the witness reveal this in the next hearing. (With a report from Hannah L. Torregoza)

Source:
courtesy of MANILA BULLETIN

by Betheena Kae Unite

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