3 SC magistrates inhibit from Ilocos execs’ plea
Three justices of Supreme Court have decided to inhibit from hearing the omnibus petition filed by Ilocos Gov. Imee Marcos and the six detained provincial officials to stop the congressional investigation into the alleged misuse of P66.45-million tobacco funds by the Ilocos Norte government.
SC spokesman Theodore Te said the magistrates are Associate Justice Diosdado Peralta, to whom the case was assigned, Chief Justice Ma. Lourdes Sereno and newly appointed Associate Justice Andres Reyes Jr.
“The Omnibus Petition was re-raffled upon the inhibition of the member-in-charge. The Chief Justice and Associate Justice Andres B. Reyes Jr. also recused themselves,” Te told reporters during a press briefing held.
The case was raffled to Peralta but he recused himself from participating in the case as he is a relative of one of the respondents, House Majority Leader and Ilocos Norte 1st district Rep. Rodolfo Fariñas.
Sereno and Reyes inhibited from the case after issuing a joint statement calling on the House committee on good government and public accountability to recall its show cause order against the three Court of Appeals (CA) justices who ordered the release of the “Ilocos 6.”
The high court was supposed to tackle the case in its regular session on Tuesday.
Because of the inhibition, the SC had to raffle off the case again. The justices then decided to reset deliberations on the case to their next session on July 25.
The six Ilocos Norte officials, who have been detained at the Batasan Complex in Quezon City since May 29. are provincial treasurer Josephine Calajate; provincial budget officer Evangeline Tabulog; provincial planning and development office chair Pedro Agcaoili; and Provincial Treasurer’s Office employees Genedine Jambaro, Encarnacion Gaor, and Eden Battulayan.
They are being held in contempt for allegedly giving “evasive answers” during the House investigation into the provincial government’s alleged misuse of tobacco excise funds amounting to P66.45 million. The inquiry is being conducted by the committee on good government and pub- lic accountability.
In their 67-page omnibus petition filed last July 13, the petitioners asked the high court to issue a temporary restraining order (TRO) stopping the investigation of the House committee on good government.
They also asked SC to order the release of the six provincial officials and assume jurisdiction over the writ of habeas corpus case pending before the Court of Appeals, which earlier ordered their release but was ignored by the House body.
Aside from this, the petitioners asked the Court to issue a writ of amparo against the said House committee in order “to protect the actual and threatened violations and infringement of their constitutionally- guaranteed rights to liberty and security of person.”
The mode used in the purchase of vehicles was through cash advances, using the province’s share from excise taxes derived from locally produced cigarettes or the special support fund under Republic Act No.7171.
Under RA 7171, the 15-percent share of Virginia tobacco producing provinces shall be allotted for livelihood projects and infrastructure projects as a special support for tobacco farmers.
The petition named Fariñas, House committee chair and Surigao del Sur 2nd district Rep. Johnny Pimentel and House sergeant-at-arms Roland Detabali.
ILOCOS 6 Josephine Calajate Evangeline Tabulog Pedro Agcaoili Genedine Jambaro Encarnacion Gaor Eden Battulayan