Remember the case of Noel Archival?
The flamboyant Cebuano lawyer was on his way home to Cebu City early in the afternoon of Feb. 18, 2014 when assailants on board a black pickup overtook his Ford Escape and peppered it with bullets. Archival, who had just attended a hearing in Dumaguete, and two of his companions died instantaneously. A third one managed to escape by pretending to be dead.
Charges were eventually filed against five suspects, all belonging to the Highway Patrol Group 7, including its commanding officer, Police Col. Romualdo Iglesia. The alleged motive for the killing was the supposed animosity between Archival and HPG 7 caused by the many cases that the lawyer had filed against the police officers.
After preliminary investigation, Lapu-Lapu City Deputy Prosecutor Jesus Rodrigo Tagaan, as acting Cebu provincial prosecutor, charged in court Iglesia, Police Senior Insp. Joselito Lerion and P01 Alex Bacani with three counts of murder for the killing of Archival, Alejandro Jayme and Candido Miñoza and frustrated murder for the injuries to Paolo Cortes. The cases against Police Chief Inspector Eduardo Mara and SP04 Edwin Galan were dismissed.
Iglesia maintained his innocence, saying he had no reason to harm Archival since they were winning the cases that the latter had filed and asked the prosecutor to reconsider his decision but was denied. He then appealed to the Department of Justice. In the meantime, the Regional Trial Court of Argao issued warrants of arrest against the accused, but these could not be served as they could not be located.
On Nov. 15, 2018, the Department of Justice granted Iglesia’s appeal (petition for review). DOJ Undersecretary Deo Marco directed the provincial prosecutor of Cebu to withdraw or cause to be withdrawn the cases against Iglesia for lack of probable cause.
“A closer, independent and more circumspect examination of the statements of witnesses would lead a reasonable prudent man to conclude the improbability” of Iglesia’s participation in the crimes, Marco said.
After failing to secure a reconsideration of the DOJ order, Noel’s brother, Cebu City Councilor Nestor Archival, went to the Court of Appeals. Unfortunately for him, the CA’s 19th Division in Cebu sided with the DOJ, citing two grounds: failure of the prosecution witnesses to identify Iglesia and failure to prove conspiracy.
Dismissing the complainant’s argument regarding Iglesia’s remaining at large, the appellate court said it did not by itself prove conspiracy because Iglesia was still in the process of availing legal remedies that were available to him.
On Dec. 16 last year, Cebu RTC Branch 16 Judge Dante Corminal to whom the cases were raffled after the Argao RTC judge inhibited himself, dismissed the cases and recalled the warrants against Iglesia after a judicious study, he said, of the arguments of the parties, applicable laws and jurisprudence.
Corminal said his Court was left with no choice but to yield to the motion because of the reversal by the Department of Justice of the findings of the prosecutor, the denial by the Court of Appeals of the petition for review for being bereft of merit and the absence of any additional evidence for him to consider in order to sustain a finding of probable cause.
Iglesia is now a free man. His quest for justice has ended happily for him. Meanwhile, Noel’s own quest continues.