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Sereno, CA presiding justice appeal to House: Recall show cause order vs. appellate court magistrates


Two of the highest officials in the judiciary urged the House of Representatives on Wednesday to recall its order for three Court of Appeals (CA) justices to explain why they should not be held in contempt for ordering the release of six detained employees of the Ilocos Norte provincial government.

In a joint statement, Chief Justice Maria Lourdes Sereno and CA Presiding Justice Andres Reyes Jr. expressed "deep concern" over the planned show cause order issued on Tuesday by the House committee on good government and public accountability against the CA Special Fourth Division, led by its acting presiding justice Stephen Cruz and members Justices Erwin Sorongon and Nina Antonino-Valenzuela.

The motion, made by Oriental Mindoro Rep. Reynaldo Umali, was approved via unanimous vote of 30-0.

"Without inquiring into the merits of the issues currently pending before the Special Fourth Division and subject of the House committee's inquiry, we note that the House of Representatives is not without any speedy legal remedy that is consistent with the separation of powers should it disagree with the action of the [Court of Appeals], such as an appeal," the statement read, even as the two magistrates invoked the separation of powers and judicial independence.

"In this light, it is our hope that the [House of  Representatives] reconsiders its order and that it instead, avail of all the legal remedies that are provided to it under the Constitution, the law and the Rules of Court," it added.

In his motion, Umali noted that the CA is “an inferior court” and not a co-equal branch of the House of Representatives.

“When an officer of Congress is now being required to show cause, this will equally warrant show cause of these justices, who unwarrantedly issued the resolution and caused the issuance of the release order,” he said.

“I am constrained to also move that we require the three justices of the [Court of Appeals] be equally required to show cause before this committee so we would now be able to better understand powers of the three independent, co-equal branches of government,” Umali added.

During the public interview on Monday of applicants for the looming vacancy at the Supreme Court (SC), Cruz told the Judicial and Bar Council (JBC) that he and his colleagues only did their job.

"What we did your Honor was 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, 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 the courts could inquire if a person was 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.

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 not recall the transactions anymore.

The appellate court 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.

Displeased by the CA action, Speaker Pantaleon Alvarez even threatened that Congress can abolish the CA anytime and to have the three justices disbarred.

Alvarez also insisted that the CA had no jurisdiction over the contempt powers of the legislature. — MDM, GMA News

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