"If we don’t do something about this, then people will just lose their faith in our ability to enforce the rule of law," he added.
Sen. Drilon said in an interview that the Justice Secretary Vitaliano Aguirre II told the Senate public order committee that Espinosa's death was premeditated.
"A premeditated killing is murder. From the mouth of Sec. Aguirre, he said there was a premeditated killing or murder. So why did he downgrade?" the senate minority leader said.
Drilon also said that the Justice Secretary was "ill-motivated" and that he himself said that it was a "premeditated killing" but few months later he'll order for a downgrade.
"It is very clear that whatever motivated Sec. Aguirre, the motivation was wrong. He was ill motivated by this. In fact, on the basis of what we’ve seen, there could even be malice. He admitted it was premeditated and suddenly, five months or six months after he turned around and directed the prosecutor to downgrade," Drilon said.
The senator also questioned Baybay City Regional Trial Court Branch 14's judge for granting the downgrading of charges, from murder to homicide.
"The judge should have allowed the case to proceed on the basis of the murder information filed. If the evidence that it is merely homicide, then the accused in this particular case can be convicted of homicide. The judge gravely abused his discretion here," the senator said.
"I don’t want to say there was collusion, but these circumstances would raise doubts in my mind. As a former Justice secretary, indeed something is fishy here," he added.
Last year, the Albuera, Leyte Mayor Rolando Espinosa's death was investigation and findings stated that it was "premeditated and with abuse of authority" on the part of the police operatives.
The murder charges against the 19 policemen involved in his death was murder but recently, it was changed to a bailable offense of homicide.
"All of these circumstances lead us to the conclusion that in fact, there was a conspiracy, there was a collusion here between the DOJ, the PNP, and it is possible this judge who, first, issued the search warrant, who immediately allowed the downgrading," Drilon said in the interview.
The Senate minority bloc will file a resolution expressing "grave concern of the Senate" according to Sen. Risa Hontiveros.
Aguirre will also be summoned for the hearing resolution.
Meanwhile, Justice Undersecretary Erickson Balmes stated that the probe will not be for Aguirre to decide on, the Secretary "will appear out of respect for a co-equal branch of government and of a distinguished and a hallowed institution."
Drilon further stated that the downgrading of raps which allowed the accused policemen to bail out "encourages impunity."
Source: GMA, ABS-CBN
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