Albuera mayor Rolando Espinosa Sr. was allegedly killed in a “firefight” after resisting arrest on November 5 at the Sub-Provincial Jail in Baybay, Leyte.
A police incident report said, “Detectives of Northern Leyte CIDG8 led by PCI Leo Laraga together with RMU8 as participating unit implemented two search warrants inside the Sub-Provincial jail at Brgy. Hipusngo, Baybay City, Leyte in which a firefight ensued between the suspects (subject of the search warrant) and the CIDG8 operatives that resulted [in] the [deaths] of the said suspects namely: Rolando Espinosa and Raul Yap.”
Amid questions about Espinosa’s death, an alleged affidavit from the deceased mayor started circulating online. Among the names in the list was Senator Leila de Lima, generals, politicians, and even people from the media.
Facebook page Showbiz Government even brought up some people’s speculations about how Espinosa’s death was a way of ‘silencing’ him.
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The said copy of Espinosa’s affidavit was said to have been shared by a certain Facebook user called Denise Celdran.
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As of posting, neither the Department of Justice, with its stamp seen on the affidavit photos circulating online, nor the Philippine National Police has confirmed the affidavit’s authenticity.
Cebu Daily News’ interview with Espinosa’s older brother, Ramon, expressed his dismay that PNP Director General Ronald “Bato” dela Rosa did not deliver on his promise that nothing bad would happen to the Albuera mayor if he surrendered.
“General Dela Rosa vowed that nothing bad will happen to my brother. But why was my brother killed? General Dela Rosa should have done something to secure my brother because he’s the head of all policemen?” Ramon told CDN in Cebuano.
“I do not understand what is happening with our government. I thought we now have a good president. But some people around him are abusing their power. Only few are trustworthy. I hope the President and General Dela Rosa will do something in the wake of my brother’s death,” he added.
According to Ramon, his brother told him that he only signed a ready-made affidavit.
“Ako siyang gipangutana, ‘Kanang imong gipangsuwat diha sa imong affidavit, ikaw gyud nagsuwat? Ingon siya, ‘Dili akong naghimo sa akong affidavit. Igo ra ko nga gipapirma. Giandam ra tong daan,’ (One time, I asked my brother, ‘Did you really make the affidavit?’ And he told me, ‘the affidavit was ready-made. It was prepared by someone else, and I was just asked to affix my signature on it,’” Ramon said.
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Ramon also believed that his brother was killed to keep him from squealing on them.
He added that the family will also discuss which government agency they would ask for help in investigating his brother’s death.
“Sabutan pa na namo kay karong panahona gibaliwala naman ang tawhanong katungod. Makita nato nga daghan ang gipamatay bisan walay sala. (We still have to talk about that because these days, human rights no longer matter. As you can see, many people are being killed even if they had not committed any infraction), Ramon said.
It was Albuera police chief Jovie Espenido who convinced Mayor Espinosa to execute an affidavit, pointing to those people involved in his son Kerwin’s drugs operation, in exchange for protection from the police.
After executing his affidavit, Espinosa stayed in the Albuera police chief’s office for about two months until he was transferred to Baybay City’s sub-provincial jail on October 5.
According to Espenido, the mayor’s lawyer requested Judge Carlos Arguelles of the RTC of Baybay to return Espinosa’s custody to the Albuera police, where he would be safer, although the judge did not act on the request because of the lack of a valid reason for the transfer.
Espenido is saddened by Espinosa’s death as it may weaken their case against Kerwin’s drug coddlers. He said, “I wanted him to live because he could have helped us a lot in our campaign against illegal drugs. He knew how vast the operations of his son was. He is dead. We no longer have a witness who has a first hand knowledge on the illegal drug operations of his son. All our efforts amount to nothing now.”
With Espinosa’s death, lawyer Trixie Cruz-Angeles said in her Facebook post that a complaint affidavit “has little or no evidentiary value” after a witness’ death.
“About that “affidavit.” There’s an alleged complaint affidavit making the rounds of FB allegedly issued by Mayor Rolando Espinosa, recently deceased. Said affidavit implicates one senator, several police officers, a governor and others of complicity in the drug trade, specifically that of the operations said to be run by one Kerwin Espinosa. The complaint affidavit, while valuable as a tool for investigation has little or no evidentiary value now that the affiant can no longer witness on its contents.
“In the vernacular, wala nang maaaring tumestigo ayon sa mga nakalahad sa naturang affidavit. Kapag may ibang nagprisinta ng nasabing affidavit, ang testimonyang ito ay ituturing na hearsay at maaaring ma-exclude.
“Gayunpaman, kahit makahanap ng paraan para ma-admit yung nasabing affidavit — at assuming na tutoo ito– kailangan patunayan sa pamamagitan ng ibang ebidensya ang mga alegasyong nilalaman nito, dahil ang pangunahing makakapagpatunay, yung testigo, ay yumaon na.
#palaisipan #nasaansiLeila”
Espinosa’s body was expected to be brought to his family’s residence in Sitio Tinago II, Brgy. Benolho, Albuera.
Sources: (newsinfo.inquirer.net, cebudailynews.inquirer.net, facebook.com)
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