3 CA justices firm on release of 6 Ilocos Norte executives
Three Court of Appeals (CA) associate justices who were threatened with disbarment and the abolition of the appellate court said yesterday they stand pat on their decision to order the release of six Ilocos Norte officials who have been detained by the House of Representatives since May 29 on a contempt citation.
Associate Justice Stephen Cruz, who faced the Judicial and Bar Council (JBC) as an aspirant to the vacancy in the Supreme Court (SC) next month, said he and his two colleagues are not disturbed by the disbarment threat and abolition of the CA aired by House Speaker Pantaleon Alvarez.
“What we did was our duty,” he said, when asked about Alvarez’s threat to abolish the CA.
“If we falter because of some threats, that would show our weakness as magistrates. And as I have said a while ago, let justice be done though the heavens fall. If we are wrong, they could always go up to the Supreme Court,” Cruz added.
He said he and his fellow magistrates welcome the disbarment being planned against them.
Cruz and Associate Justices Edwin Sorongon and Nina Antonio-Valenzuela issued the release order for the six Ilocos Norte officials who were ordered detained for their alleged refusal to answer the questions of lawmakers during the investigation of the purchase of vehicles by the province using its 166.45-million share in tobacco excise taxes.
The three magistrates also issued a show cause order to House of Representatives sergeant-at-arms Roland Detabali to explain why he should not be cited in contempt for his repeated refusal to present to the CA the six Ilocos Norte officials in connection with their writ of habeas corpus petition.
The CA issued the writ and ordered the release of Pedro Agcaoili, provincial planning and development office chairperson; Josephine Calajate, provincial treasurer; Evangelini Tabulog, budget officer; and Eden Battulayan, Encarnacion Gaor, and Genedine Jambaro, of the provincial treasurer’s office.
The release order could not be implemented as Detabali and the House leadership had repeatedly blocked the enforcement.
Cruz told the JBC members that they issued the writ “to determine really if the detention was legal.”
“We want the bodies to be presented to the court and the person who is detaining them, and determine whether it is legal. Because if it is legal, we will dismiss the petition,” he said.
On the release order, Cruz said: “That was pursuant to a case, Enrile vs Salazar, wherein persons subject of writ of habeas corpus, while the merits are being determined, can be released on bail.”
Also interviewed yesterday was CA Associate Justice Rosmari Caranding who aired her defense for her colleagues.
“He (Alvarez) is very emotional. He must know the limits of his power,” she stressed.
SC Court Administrator Jose Midas P. Marquez, who was also interviewed, told the JBC members that Congress cannot abolish the CA.
On martial law in Mindanao, Marquez said the SC can look into the factual issues of the declaration but Congress may not be compelled to convene jointly to act on the proclamation since the legislature can convene jointly and act as one body only if it decides to revoke or extend the proclamation.