CA junks arrest warrant vs. lawyer who sued Duterte before ICC

The Court of Appeals has junked an arrest warrant issued last year against lawyer Jude Sabio, who last year sued President Rodrigo Duterte before the International Criminal Court.

In a 15-page order, the appellate court directed the Trece Martires Regional Trial Court Branch 23 to lift and recall — within five days — the warrant of arrest dated March 7, 2018 as well as the alias warrant of arrest dated April 6, 2018 against Sabio.

The CA said it disagrees with then Trece Martirez Judge and now CA Associate Justice Emily Aliño-Geluz decision to order Sabio's arrest, saying she had no authority to put the lawyer in prison for his non-compliance with the Mandatory Continuing Legal Education (MCLE) for lawyers.

Geluz issued the arrest warrant after Sabio failed to pay the P2,000 fine the judge had imposed on him after his MCLE compliance certificate expired.

But the CA said under Section 12, of the Implementing Rules of B.M. No. 850, non-compliance with MCLE requirements will result in the listing of the non-compliant lawyer as a delinquent IBP member, subject to disciplinary power of the IBP, not with the imposition of a fine with subsidiary imprisonment.

The CA said Geluz sould have communicated with the IBP regarding Sabio's expired certificate, so the organization could conduct an investigation and make necessary recommendations.

"By taking it upon herself to discipline the petitioner and even order his arrest, the public respondent acted in a manner that may validly be the subject of a writ of certiorari," ruled the CA.

The ICC is already conducting preliminary examination into Duterte based on the complaint filed by Sabio in May 2017.

Sabio is the counsel of self-confessed hit man and Davao Death Squad member, Edgar Matobato.

Matobato has testified in a Senate probe that he killed people on Duterte's orders when the President was mayor of Davao City. — MDM, GMA News