PNP Chief: Duterte will respect PNP-IAS report on Espinosa's alleged killers

President Rodrigo Duterte listens to the report of Philippine National Police Chief Ronald Dela Rosa in a meeting held in the State Dining Room in Malacañan on August 16.

Metro Manila (CNN Philippines, April 3) — Philippine National Police (PNP) Chief Director General Ronald "Bato" Dela Rosa is confident President Rodrigo Duterte will respect the recommendations of the PNP-Internal Affairs Service, on the case of policemen involved in the killing of former Albuera, Leyte Mayor Rolando Espinosa.

Dela Rosa signed on Monday the PNP-IAS report on the case, that includes its recommendation to file administrative charges against Superintendent Marvin Marcos and 18 other CIDG-8 policemen tagged in the killing of Espinosa and another inmate, Raul Yap, at the Leyte Sub-provincial Jail in Baybay City last November 5, 2016. 

The PNP refused to disclose the specific recommendations to each policeman involved, but Dela Rosa said some of the recommendations include dismissal from service, suspension, and demotion.

Presidential pardon?

In a recent speech, Duterte said he plans to grant absolute pardon to Marcos and the other policemen involved in the Espinosa case. According to the President,  they were only carrying out his order to fight the war on drugs.

And not only is he planning to pardon them — but would also put them back on duty, and even promote them.

Despite such pronouncements, Dela Rosa believes Duterte will respect the PNP-IAS' recommendations.

"Hindi sya nakikialam doon kasi sabi nya bahala kayo dyan kung ano desisyon nyo basta sya magrereact lang sya depende sa desisyon namin," he said.

[Translation: He does not meddle because he said the decision is up to us. He will only react depending on our decision.]

Dela Rosa said whatever the result of the IAS report may be, the President will have the final word as to the 19 policeman's fate.

"Siya naman talaga ang final. Pero in fairness to him, hindi talaga siya nakikialam," he said.

[Translation: He has the final say, but in fairness to him, he does not meddle.]

Dela Rosa also explained what he believes is the reason for Duterte's statements about pardoning the CIDG operatives in the Espinosa slay case.

"Ayaw niyang pabayaan ang pulis na nagtatrabaho... Nakikita niya na dapat tulungan ito dahil nagtatrabaho lang iyan, tutulungan talaga niya," he said.

[Translation: He will not abandon the policemen who do their work. As long as he sees they are just doing their jobs, he will really go out of his way to help them.]

Related: Photos: Leyte Court orders detention of Albuera Mayor Rolando Espinosa's alleged killers at CIDG-8

Directorate for Personnel and Records Management Chief Rene Aspera said they may only disclose the PNP-IAS recommendations once they have served the results of the investigation to the concerned policemen.

"Mayroon pa kasing nireresolve pa yung ating IAS for this case but the folder will sit on demotion and suspension," he said.

[Translation: There are still some matters being resolved by the IAS related to the case, but the folder will sit on demotion and suspension.]

He added some things are still being discussed with the IAS in relation to the result of the administrative charges.

The 19 policemen are detained in the Criminal Investigation and Detection Group Region 8 (CIDG-8) detention facility for murder charges filed against them.

Judge: Duterte can immediately grant pardon

The judge handling the case against the policemen said the President can immediately grant the pardon right after the accused have been convicted of the charges.

Baybay Regional Trial Court Branch 14 Judge Carlos Arguelles' view runs counter to some legal opinions that say, pardon can only be granted after the conviction is decided with finality by the Supreme Court.

Arguelles said the case might not even reach the Supreme Court.

"If they will be convicted and they will say to the Court, 'Your Honor, we are no longer appealing.' The judge will now rule it as final and executory. The next day, the President can grant pardon. It will not go to the Supreme Court," he said on Saturday.

Alleged rubout

Marcos led a CIDG-8 unit that shot dead Espinosa and fellow inmate Raul Yap in an early-morning raid at the Leyte Sub-Provincial Jail on Nov. 5, 2016.

Espinosa was linked to the drug trade and had surrendered to the police.

Initial reports said Espinosa died in a shootout with Marcos and his men. The raiding team reportedly went to Espinosa's cell to serve a search warrant and check the premises for illegal firearms and drugs.

Marcos and his men said, Espinosa shot at them first, forcing them to shoot back in self-defense.

However, an investigation by the National Bureau of Investigation concluded that the CIDG team's real purpose was to murder Espinosa.

Espinosa's son Kerwin — who confessed to being a drug lord — testified in a Senate inquiry that he was paying Marcos to protect his business.

CNN Philippines correspondent Gerg Cahiles, Tacloban-based stringer Wilmark Amazona contributed to this report.

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