Ilocano lawyers urge House to implement CA order on detained Ilocos Norte execs

The Integrated Bar of the Philippines (IBP) chapter in Ilocos Norte on Thursday called on the House of Representatives to "respect the separation of powers and independence of the judiciary" branch of the government.

This after the House Committee on Good Government ruled to issue a show cause order against three justices of the Court of Appeals (CA) who issued a release order for the six detained employees of the Ilocos Norte provincial government who were supposedly involved in the alleged irregular purchase of P66.45 million worth of motor vehicles using tobacco funds.

“Respect begets respect. Yes, there is separation of powers, and in this case, there is no encroachment on the power of the legislative branch by the judiciary," Atty. Cherrie Grace Bareng-Asistin, president of the IBP Ilocos Norte chapter, said in a news release.

“If the writ of habeas corpus was already issued, then it should be immediately executory, even pending appeal or motion for reconsideration, owing to the fact that the life and liberty of the detained persons are at stake," she added.

The said show cause order will be addressed to the CA Special Fourth Division, including its acting presiding justice Stephen Cruz and members Justices Erwin Sorongon and Nina Antonino-Valenzuela.

It is a response to the one issued by the CA special division against Speaker Pantaleon Alvarez and the House sergeant-at-arms, retired Lt. Gen. Roland Detabali, following the chamber’s refusal to release the employees, citing lack of jurisdiction.

Meanwhile, in a joint statement, Chief Justice Maria Lourdes Sereno and CA Presiding Justice Andres Reyes Jr. earlier expressed "deep concern" over the planned show cause order.

Moreover, Bareng-Asistin took note that the "House leadership should abide by the orders of the CA's Special Fourth Division for the release of petitioners."

She cited the Judiciary Reorganization Act of 1980, noting that the CA has the "original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in the aid of its appellate jurisdiction.”

“If the writ was issued by a court that has competent jurisdiction over the matter, then it should be respected by the agency or whoever it was issued to," Bareng-Asistin said.

"I understand that it was only the Sergeant-At-Arms (Roland Detabali) that was impleaded in the Petition filed with the CA. So, if it was issued directly to him, then he has no discretionary power. He has no power to defy it, rather, he has to respect the order coming from the CA,” she added.

The CA has ordered the release of Pedro Agcaoili, Provincial Planning and Development Office chairperson; Josephine Calajate, provincial treasurer; Eden Battulayan, Provincial Treasurer’s Office staff; Encarnacion Gaor, Provincial Treasurer’s Office staff; Genedine Jambaro, Provincial Treasurer’s Office staff; and Evangeline Tabulog, provincial budget officer. 

The six employees have been detained since May 29. —NB/KVD, GMA News