Pardon for cops in Espinosa slay doubtful, says lawyer

Supt. Marvin Marcos (right) and one of his coaccused in the murder of Albuera, Leyte Mayor Rolando Espinosa Sr. arrive at the court that issued arrest warrants for them. —ROBERT DEJON

TACLOBAN CITY, Leyte—A presidential pardon for the policemen accused of killing Mayor Rolando Espinosa Sr. inside jail remained a long shot, according to the family’s legal counsel.

Leilani Villarino, lawyer of the Espinosas, pointed out that the decision on the case might outlast the term of President Rodrigo Duterte since the judicial system in the country grinds slowly.

“We’ll see what will be the verdict of the court and if Mr. Duterte is still the President. How can he pardon them if he is no longer the President at that time?” Villarino said in a phone interview.

The President, who is waging a controversial and brutal war on illegal drugs, is constitutionally mandated to step down in 2022.

On Wednesday, Mr. Duterte vowed to grant presidential pardon to police officers who were convicted in the performance of their duties.

READ: Follow law instead of relying on Duterte pardon, erring cops told

His statements came in the wake of the arrest and detention of 19 members of the Criminal Investigation and Detection Group (CIDG) in Eastern Visayas for the murder of Espinosa, father of the region’s alleged top drug lord, Kerwin.

READ: Supt. Marcos, 18 cops involved in Espinosa slay arrested

Accused for murder were former CIDG-8 director Supt. Marvin Marcos and 18 others who all claimed that Espinosa and another detainee, Raul Yap were killed in a shootout inside their prison cell.

Marcos and his co-accused are detained at the CIDG-8 regional office in this city.

Reporters were barred from entering the office, brewing speculations that special treatment may have been given to the accused who used to be part of CIDG .

Villarino said they could not question should Marcos and his co-accused be given presidential pardon.

“The process of pardon is granted to our President under our Constitution. But there should be a parameter before he could issue such. For one, there should be conviction,” she said.

“How could they be pardoned by the President if there is no conviction from the court of competent jurisdiction?” Villarino said.

He said that when Mr. Duterte issued the statement, he could be talking as a lawyer.

“Utak abogado ang pinairal niya (He is thinking like a lawyer). He was just rational. But in fairness to the President, he has not done anything that could prejudice the case. Under niya DOJ (the Department of Justice is under him), but he didn’t do anything,” she said.

But the victim’s family was sad since they wanted justice “just like any family whose loved one was murdered,” Villarino said.