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| The Supreme Court (SC) has ordered two regional trial court judges to explain their actions on the cases against Albuera town mayor Rolando Espinosa Sr., who was killed by police inside the Leyte sub-provincial jail in Baybay City last Nov. 5. | By Edu Punay via Philstar |
MANILA, Philippines – The Supreme Court (SC) has ordered two regional trial court judges to explain their actions on the cases against Albuera town mayor Rolando Espinosa Sr., who was killed by police inside the Leyte sub-provincial jail in Baybay City last Nov. 5.
Court Administrator Jose Midas Marquez, who has administrative supervision over all judges nationwide, specifically directed Judge Tarcelo Sabarre Jr. of Basey, Samar RTC Branch 30 and Judge Carlos Arguelles of the Baybay City RTC Branch 14 to answer respective questions on their roles in Espinosa’s cases.
Sabarre was ordered to explain the necessity and circumstances for his issuance of a search warrant on illegal possession of firearm charges against Espinosa, who was already under custody of authorities in a government detention facility.
In the order last Nov. 15 obtained by The STAR, Marquez also told the judge to cite the compelling reasons to issue the search warrant under Section 2, Rule 126 of the Revised Rules on Criminal Procedure.
Sabarre was also required to comment on news reports stating that “in the application for search warrant filed in your court, the sketch did not match the actual layout.”
The judge had issued a statement earlier justifying his issuance of the search warrant to the Philippine National Police-Criminal Investigation and Detection Group team that killed Espinosa in a supposed shootout inside the jail.
“I complied with all the requirements set forth by the rule of law and whatever issues tainted in the serving of the search warrant of the lawmen, I have nothing to do with it,” he claimed, adding that he even conducted a two-hour hearing before granting the application for search warrant by the CIDG.
Arguelles, on the other hand, was directed to explain his failure to immediately resolve the motion of Espinosa seeking to be transferred to another detention facility due to security concerns.
Apart from Sabarre and Arguelles, Marquez also issued a similar order to Judge Janet Cabalona of Calbiga, Samar RTC Branch 33, who issued a search warrant against Allan Alvarez, an inmate in the regional penal colony in Abuyog, Leyte who was also killed by CIDG men when he allegedly attempted to lob a grenade while the policemen were serving the warrant last August.
Cabalona likewise issued a similar search warrant against Francisco Balagbis, a detainee at the Baybay City jail who was killed during the raid by the Anti-Illegal Drug Task Force of the regional police last month.
“You are hereby directed to furnish the OCA (Office of the Court Administrator) with copies of all the pertinent documents relating to the issuance of the said search warrants, including but not limited to the application for search warrant, transcript of stenographic notes, order of search warrant and compliance/return of search warrants,” read Marquez’s order.
The OCA, which has been tapped by the SC to conduct fact-finding investigation on the actions of the three judges, gave them just two days from receipt to comply and submit their reports.
Prior to his death, Espinosa reportedly executed an affidavit naming the government officials who allegedly protected their drug trade and benefitted from it.
The Department of Justice even considered him as a possible state witness to be covered under the witness protection program after coming up with the affidavit.
Espinosa reportedly implicated Sen. Leila de Lima and several congressmen and police officials among those who received drug money for protecting the operations of his son Kerwin.
Chief Insp. Leo Laraga, leader of the CIDG team that raided Espinosa’s cell, said they were forced to fire back after Espinosa shot at them.
Another inmate identified as Raul Yap was also killed in the supposed shootout while the policemen were serving the search warrant issued by Sabarre.
Sabarre was ordered to explain the necessity and circumstances for his issuance of a search warrant on illegal possession of firearm charges against Espinosa, who was already under custody of authorities in a government detention facility.
In the order last Nov. 15 obtained by The STAR, Marquez also told the judge to cite the compelling reasons to issue the search warrant under Section 2, Rule 126 of the Revised Rules on Criminal Procedure.
Sabarre was also required to comment on news reports stating that “in the application for search warrant filed in your court, the sketch did not match the actual layout.”
The judge had issued a statement earlier justifying his issuance of the search warrant to the Philippine National Police-Criminal Investigation and Detection Group team that killed Espinosa in a supposed shootout inside the jail.
Arguelles, on the other hand, was directed to explain his failure to immediately resolve the motion of Espinosa seeking to be transferred to another detention facility due to security concerns.
Apart from Sabarre and Arguelles, Marquez also issued a similar order to Judge Janet Cabalona of Calbiga, Samar RTC Branch 33, who issued a search warrant against Allan Alvarez, an inmate in the regional penal colony in Abuyog, Leyte who was also killed by CIDG men when he allegedly attempted to lob a grenade while the policemen were serving the warrant last August.
Cabalona likewise issued a similar search warrant against Francisco Balagbis, a detainee at the Baybay City jail who was killed during the raid by the Anti-Illegal Drug Task Force of the regional police last month.
“You are hereby directed to furnish the OCA (Office of the Court Administrator) with copies of all the pertinent documents relating to the issuance of the said search warrants, including but not limited to the application for search warrant, transcript of stenographic notes, order of search warrant and compliance/return of search warrants,” read Marquez’s order.
The OCA, which has been tapped by the SC to conduct fact-finding investigation on the actions of the three judges, gave them just two days from receipt to comply and submit their reports.
Prior to his death, Espinosa reportedly executed an affidavit naming the government officials who allegedly protected their drug trade and benefitted from it.
The Department of Justice even considered him as a possible state witness to be covered under the witness protection program after coming up with the affidavit.
Espinosa reportedly implicated Sen. Leila de Lima and several congressmen and police officials among those who received drug money for protecting the operations of his son Kerwin.
Chief Insp. Leo Laraga, leader of the CIDG team that raided Espinosa’s cell, said they were forced to fire back after Espinosa shot at them.
Another inmate identified as Raul Yap was also killed in the supposed shootout while the policemen were serving the search warrant issued by Sabarre.
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