THE Department of Justice (DOJ) yesterday practically dismissed as useless the affidavits alleging that the mastermind behind the abduction and killing of the missing “sabungeros” or cockfighting enthusiasts was whistleblower Julie “alias Totoy” Patidongan.
The affidavits of the 10 supposed former employees of Patidongan was submitted to the PNP – Criminal Investigation and Detection Group (CIDG) to clear the name of Staff Master Sergeant(SMS) Joey Encarnacion, who was one of the 12 cops being investigated by the National Police Commission (Napolcom) for their supposed involvement in the sabungeros case.
Lawyer Bernard Vitriolo, legal counsel of Encarnacion, last week urged PNP chief Gen. Nicolas Torre III to direct the CIDG to include the affidavits in the case folder submitted to the DOJ for evaluation.
Vitriolo had claimed that the PNP-CIDG withheld the affidavits even though these could help present a more balanced view of the case.
DOJ Assistant Secretary and spokesperson Jose Dominic Clavano
said the affidavits, even if they were included by the CIDG in the case folder, would not have a lot of weight in the investigation.
“Even if the CIDG did submit the affidavits to the department, it would not be given a lot of weight especially because it is being offered by no less than the defense team,” Clavano said.
“The situation is quite awkward, even for the respondents,” he added, without elaborating.
In response to Vitriolo’s claim, CIDG director Brig. Gen. Christopher Abrahano said the defense witnesses can directly submit their affidavits to the DOJ.
Abrahano said the affidavits of the witnesses were not forwarded to the DOJ because CIDG probers were not party to their preparation and these are still subject to evaluation.
“The documents were just submitted to us so its just proper for us to receive them. Our CIDG investigators did not assist the affiants so that begs the question on the veracity of their statements,” he said.
“We evaluated them (affidavits) but the (point) remains, our investigators were not involved (in the preparation of the affidavits). That’s the problem there,” he added.
“In any case, the witnesses of the respondents are not precluded from submitting their evidence directly to the DOJ… They will be entertained (by the DOJ),” he also said, adding that “the case is still in the evaluation phase. Eventually, it will be subject to preliminary investigation and they will be given a chance to present those affidavits.”
Abrahano said the witnesses’ affidavits are still with the CIDG, contrary to insinuations that they are missing.
“We acknowledge receipt of these documents, there are no missing affidavits…. We are not suppressing any evidence,” he said.
Vitriolo last week said that the complainants, in the said affidavits, have said that it was Patidongan who was allegedly behind the disappearance of the sabungeros.
The Napolcom has placed Encarnacion and the 11 other police officers who were implicated by Patidongan under a 90-day preventive suspension pending the resolution of the administrative complaint filed against them.
Aside from Encarnacion, the suspended officers include Col. Jacinto Malinao Jr., Lt. Col. Ryan Jay Orapa, Maj. Mark Philip Almedilla, Executive Master Sergeant Aaron Ezrah Cabillan, Chief Master Sergeant Arturo dela Cruz Jr.; Staff Master Sergeants Mark Anthony Manrique and Anderson Abary; Staff Sergeants Alfredo Andes, Edmon Muñoz, and Renan Fulgencio; and Corporal Angelo Joseph Martin.
The 12 police officers are currently under the restrictive custody of the PNP at Camp Crame. – With Victor Reyes
