For downgrading the homicide to murder the charges filed towards Supt. Marvin Marcos and 18 different co-accused, Justice Undersecretary Reynante Orceo has triggered “undue injury to the Republic and to the country’s justice system.”
As such, Senate Minority Leader Franklin Drilon stated the DOJ official must be held liable for committing an offense within the Anti-Graft and Corrupt Practices Act.
“Talagang pwede syang kasuhan dahilan sa kanyang ginawang manifest partiality, evident bad faith at inexcusable negligence doon sa kaniyang pagbaba ng charge from murder to homicide,” he stated.
“Maliwanag na nagkasabwatan dito (in handling Marcos et al’s case) kaya dapat kasuhan ito sa ilalim ng anti-graft (law) dahilan sa ang kanyang ginawa it caused undue injury to the Republic and to our justice system,” the senator stated in an interview with dzBB.
Drilon stated he’ll ask the Senate committee on public order and harmful medicine to suggest the submitting of a graft case towards Orceo.
He additionally urged Ombudsman Conchita Carpio-Morales to have Office of the Ombudsman’s discipline investigating workplace research the case for submitting of the stated charges towards Orceo.
The Senate has really helpful the submitting of homicide charges towards Marcos, who was then chief of the Criminal Investigation and Detection Group (CIDG) in Eastern Visayas and others, and 18 others following findings that the killing of Albuera, Leyte Mayor Rolando Espinosa Sr. was “premeditated.”
Marcos’ group was purported to serve solely a search warrant towards Espinosa who was then detained contained in the Baybay Provincial Jail.
“Ito po ay rule of law at hindi pwedeng palampasin ito kaya kapag nagkaroon ng report ang (Senate) committee ay talagang isisingit ko ito, for prosecution under Section 3 (3) of the anti-graft law,” he added.
In the stated regulation cited by Drilon, corrupt practices of public officers embrace acts that “cause any undue injury to any party, including the government or giving any party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”
In a listening to within the Senate final Wednesday, Orceo has owned up in reviewing the Espinosa case and really helpful the downgrading of charges.
Drilon stated logic and human expertise defied Orceo’s claims he didn’t search the approval and even delivered to the eye of DOJ Sec. Vitaliano Aguirre II his advice.
“Ang sabi ni Aguirre ito’y murder. Ang sabi ni Orceo ‘hindi ako naniniwala sa iyo at homicide ito’ tapos sasabihin nila hindi sila nag-usap? Hindi naman pwedeng maniwala tayo sa ganon klaseng kasinungalingan,” the senator, himself a former DOJ secretary, stated.
While Orceo maintained that has authority to evaluation and make such suggestions, Drilon famous that such “powers” by the previous was put into query by Sen. Panfilo Lacson citing a division order.
A division round successfully rendered invalid Orceo’s authority because it was restricted to be exercised solely for instances underneath petition for evaluation that had been submitted between July 1 to Dec. 31, 2016.
The petition for evaluation filed by Marcos and his 18 co-accused had been filed in April 5, 2017.
Drilon additionally questioned why, of the 5 present undersecretaries within the DOJ, Orceo was tasked to evaluation the case.
Orceo, he famous, is a fraternity brother of Aguirre in Lex Taliones, wherein President Duterte can be a recognized member. It was additionally Aguirre, the senator stated, who appointed Orceo to the DOJ.
“Why does he have the temerity to reverse the opinion of his secretary of justice, of the NBI and of the panel of prosecutors? Talagang mahiwaga itong nangyari ditto,” he stated.