THE Department of Justice (DOJ) has junked the second motion for reconsideration filed by Gov. Amado Espino Jr. and 1st District Rep. Jesus Celeste for lack of merit to suspend the preliminary investigation on the murder case filed against them by the National Bureau of Investigation (NBI) on the killing of Infanta Mayor Ruperto Martinez.

In a seven-page decision dated April 22, a three-man panel of the DOJ set the preliminary investigation of the case on April 30 for the submission of Espino and Celeste’s counter affidavit and other controverting evidence.

The three state prosecutors assigned to the case are Olivia Larossa Torevillas, Rassendell Rex Guingoyon and Aristotle Reyes.

Espino reiterated in his motion for reconsideration dated April 15, 2013 the three issues raised previously, which are: 1) whether or not the complaint should be dismissed outright as the affidavit of Jestin Aquino was improperly subscribed; 2) whether or not the preliminary investigation should be suspended on ground of prejudicial question, and 3) whether or not the preliminary investigation should be avoided to avoid multiplicity of actions.

Espino said the “assailed Order violated his right to due process by not respecting his right to a fair and independent preliminary investigation”.

The DOJ ruled that Espino’s claim is totally baseless.

The state prosecutors said the proceeding conducted by the Panel adheres to the law governing the conduct of preliminary investigation, thus ensuring that respondent was afforded his right to be heard, more importantly, his right to submit counter-affidavit and other controverting evidence.

Last April 8, the DOJ panel junked four pleadings submitted by Espino, Celeste and co-accused Jaime Aquino which sought to delay the preliminary investigation on the case.

In that ruling, the DOJ panel chastised Aquino for pre-empting the preliminary investigation by filing a Writ of Amparo before the Supreme Court to secure custody of a vital witness to the case.

The witness, a 16-year-old son of Aquino, claimed that Espino and Celeste masterminded the killing of Martinez last December 15 after the mayor allegedly learned of illegal smuggling of minerals in the Infanta pier.

Celeste questioned the personality of Akap sa Bata, a non-government organization, who took custody of Aquino’s son.

The panel said it found no cogent reason why said organization should be barred from the proceeding.

Martinez was killed in front of his house on December 15, 2012 at Barangay Cato in Infanta. The alleged killers, Ricardo “Kardo” Legarda and Richard Manuel, are now detained at the Pangasinan Provincial Jail in Lingayen.

Aquino’s son told NBI investigators that he was present at a meeting in a beach resort in Bolinao where he allegedly overheard his father and Espino plot the mayor’s murder.

The camp of Espino and Celeste said these are mere procedural proceedings.

“Let’s just wait for the investigation to proceed and take its course. Too early to speculate. Let’s not allow ourselves to be deceived and misled by people who want to use this issue for their own political advantage,” one supporter who requested anonymity said.—Eva Visperas 

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