SC won't stop DOJ probe on Atimonan shootout

The Supreme Court did not grant the petition of a police officer who sought to stop the investigation of the Department of Justice for charges of multiple murder in connection with the Jan. 6, 2013 rubout which killed 13 people.

This after the SC Third Division has failed to issue a temporary restraining order against Justice Secretary Leila M. De Lima.

The High Court instead ordered the DOJ to submit its comment on the petition filed by police Supt. Hansel Marantan within a period of 10 days from notice.

Marantan earlier filed a petition before the SC seeking to stop the DOJ panel of prosecutors from proceeding with its investigation against him in connection with the Atimonan shootout.

Marantan led a team of policemen and soldiers assault a convoy in Atimonan, Quezon province last Jan. 6.

SC Associate Justice Mario Victor Leonen is the Member-in charge to make a study on the matter.

In his petition for certiorari before the SC, Marantan sought for the immediate issuance of a TRO and/or writ of preliminary injunction against Justice Secretary Leila M. De Lima and the DOJ's special investigating panel.

"The fundamental question raised in the petition is whether or not under the circumstance of this case – where respondent Hon. Leila De Lima, the Secretary of the Dept. of Justice and who has control and supervision over the respondent Panel of Prosecutors, had already declared, thus, prejudged, that the Atimonan encounter was 'definitely no shootout,' while the sole agency tasked to conduct the investigation of the incident had yet to conclude its task, and worse, even before all those involved had yet to submit their affidavits – it would be fair and just for the respondent DOJ, et al., to conduct the preliminary investigation in this case, instead of the Ombudsman?" Marantan argued.

"[T]his motion to defer proceedings is, therefore, filed so as not to render the petition moot and academic. Respondent Marantan submits that under the principle of 'judicial courtesy' the proceedings in this [DOJ] investigation must be suspended until the constitutional issues raised in the petition shall have been fully resolved," Marantan's petition added. (PNA)