A LAWYER for a policeman implicated in the missing “sabungeros” (cockfighting players) case has urged the Department of Justice (DOJ) to subpoena the affidavits allegedly being withheld by the PNP – Criminal Investigation and Detection Group (CIDG).
Lawyer Bernard Vitriolo said the affidavit would help his client, Police Senior Master Sergeant Joey Encarnacion, present a fair defense to investigators.
“May I request your office to issue a subpoena duces tecum to the CIDG and for that office to turn over to your office the aforementioned relevant affidavits and for them to be considered in the evaluation of evidence towards a prima facie case against those who might be criminally responsible,” Vitriolo said in a three-page letter dated August 15 to Prosecutor General Richard Anthony Fadullon.
“The undue suppression of these affidavits would also cause my client undue injury, “ he also said, adding that the affidavits were executed by individuals who supposedly have knowledge of the details of the case.
He said the non-inclusion of the affidavits in the ongoing DOJ evaluation of the sabungeros case could substantially alter the outcome of the investigation.
Vitriolo said a fair indictment should not be based on “cherry-picked evidence” at the discretion of a law enforcement agency like the CIDG.
“In these affidavits, it appears that the masterminds and perpetrators in the missing sabungeros case are no less than the Patidongan brothers themselves, including the whistle-blower,” Vitriolo said, referring to suspect-turned-witness Julie “alias Totoy” Patidongan and his brothers Elakim and Jose.
“He (Julie) is obviously blowing the whistle to extricate themselves from any responsibility by pointing to people who might otherwise be innocent as fall guys,” he said.
Patidongan has earlier tagged Encarnacion as among the 12 police officers who were allegedly involved in the kidnapping and killing of the sabungeros.
In a recent statement, the CIDG has admitted it received the affidavits on July 11, 2025 but did not include them in the case folder, now being evaluated by the DOJ, because they did not have any part in the preparation of the documents.
The DOJ has said that the affidavits do not have a lot of weight as it came from the defense.
“Even if the CIDG did submit the affidavits to this Department, it would not be given a lot of weight especially because it is being offered by no less than the defense team,” DOJ assistant secretary and spokesperson Jose Dominic Clavano has said.
