THE appellate court justices who ordered the release of six Ilocos Norte officials being detained by the House of Representatives for contempt on Monday stood pat on their decision, despite threats to have them disbarred.
Associate Justice Stephen Cruz, one of the three members of the Court of Appeals (CA) Fourth Division handling the case, insisted that the division’s issuance of the writ of habeas corpus in favor of the six Ilocos Norte officials was part of its duty.
“We found that the writ should be issued. Again, if we falter because of some threats, that will show our weakness as magistrates. And as I have said, let justice be done though the heavens fall. If we are wrong, they could always go up to the Supreme Court,” Cruz said.
Cruz defended the appellate court’s decisions to issue a writ of habeas corpus and a show cause order against the sergeant at arms of the House of Representatives, retired Lt. Gen. Roland Detabali, during his interview by the members of the Judicial and Bar Council for his application to a vacancy in the Supreme Court to be left by the retirement of Associate Justice Bienvenido Reyes next month.
When asked about the possible filing of disbarment cases against them by the House leadership, Cruz said he would welcome such action as an opportunity to ferret out the truth.
Cruz explained that they issued the writ “to determine really if the detention was legal”.
“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.
As for the release order, he replied: “That was pursuant to a case, Enrile v Salazar wherein persons subject of writ of habeas corpus, while the merits are being determined, can be released on bail.”
Cruz also dismissed insinuations that their order violated the principle of separation of powers.
“Under the principles of checks and balance, the courts can inquire like in a habeas corpus case, inquire whether the detained person is being detained legally because if the detention is legal, we will dismiss the petition for being unmeritorious,” Cruz explained.
The other two members of the CA division are Associate Justices Edwin Sorongon and Nina Antonino-Valenzuela.
The habeas corpus case involves the petition of Pedro Agcaoili, Provincial Planning and Development Office chairman; Josephine Calajate, provincial treasurer; Eden Battulayan, Encarnacion Gaor and Genedine Jambaro, employees at the Provincial Treasurer’s Office; and Evangeline Tabulog, provincial budget officer.
They have been detained since May 29 after being cited in contempt by the House Committee on Good Government and Public Accountability during its investigation into the alleged misuse of P66.45 million in tobacco funds to buy motor vehicles.
The CA has ordered Detabali to present the six petitioners, but the House rejected the service of the writ three times.
The CA also issued a show cause order requiring Detabali to explain why he should not be cited in contempt for the defying the order and twice rejecting the service of the CA ruling.
House officials refused to accept the orders and reportedly insisted that they were invalid because the appellate court has no jurisdiction over the matter.