SC applicant says Alvarez must know limits of Speaker’s powers

An applicant for a Supreme Court seat has used the Judicial and Bar Council interviews to defend her colleagues who granted the petition for a writ of habeas corpus of some Ilocos Norte provincial officials who are now detained at the House of Representatives.

Associate Justice Rosmari Carandang said Speaker Pantaleon Alvarez "must know the limits of his power."

Alvarez and the House leadership had defied the court order for the House to present the provincial officials, who have been cited in contempt and detained, before the appellate tribunal.

"He (Alvarez) is very emotional. He must know the limits of his power," said Carandang, who is also an aspirant for the SC post to be vacated by Associate Justice Bienvenido Reyes on July 6.

One of the three justices in the division that granted the writ also defended their decision to order the release of six Ilocos Norte provincial government employees who were held in contempt over the issue on alleged misuse of tobacco excise tax.

CA Associate Justice Stephen Cruz told the JBC that he and the rest of the three-man CA Special Fourth Division only did their job.

The appellate had thrice ordered the release of the employees, and each time the House leadership ignored the order which stemmed from the petition for writ of habeas corpus filed by the group's lawyers.

Alvarez even threatened that Congress can abolish the CA anytime and to have the three justices disbarred.

"What we did your Honor was only our duty," Cruz said when the issue was brought up by JBC executive committee head and retired SC Justice Angelina Sandoval-Gutierrez.

"We found that the writ should be issued. If we falter because of some threats, [then] that would show our weakness as magistrates. Let justice be done though the heavens fall. If we are wrong, they can always go up to the Supreme Court," he added.

He said the release order was in line with the SC ruling on Enrile vs Salazar "wherein persons subject of the writ of habeas corpus, while the merits are being determined, can be released on bail."

The magistrate added that the courts can inquire if a person is detained legally under the principle of checks and balances in government.

"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.

Cruz said he would welcome any disbarment case that the Speaker is planning to file against him and two other justices.

The other members of the CA panel are Associate Justices Edwin Sorongon and Nina Antonino-Valenzuela.

"We will face that matter when it comes. We welcome it. The truth will come out," Cruz said.

The employees are Pedro Agcaoili, chair of the bids and awards committee and the provincial and planning development unit; Josephine Calajate, provincial treasurer; Edna Battulayan, accountant; Evangeline Tabulog, provincial budget officer and Genedine Jambaro and Encarnacion Gaor, who are assigned at the treasury office.

The employees acted as resource persons for the congressional inquiry last May 29 into the Ilocos Norte Provincial Government's alleged misuse of tobacco excise tax by purchasing 70 mini trucks, 40 mini cabs and five secondhand buses amounting to P66.45 million in 2011 and 2012.

These vehicles had been distributed to different barangay chairmen for use of tobacco farmers and other agricultural processes as a post-harvest facility, such as in transporting produce from farms to markets.

House Majority Leader and Ilocos Norte 1st District Rep. Rodolfo Fariñas cited the employees in contempt and moved for their detention for “refusing to answer questions” he asked regarding the purchases based on photocopied documents.

During the hearing, the six employees repeatedly told the House committee on good government and public accountability that they could no longer recall the transactions. —NB/KVD, GMA News