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Judges in slain mayor Espinosa's cases face admin cases

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Ina Reformina, ABS-CBN News

MANILA - Two trial court judges who issued the search warrants used by policemen to justify their operation against Albuera, Leyte Mayor Rolando Espinosa inside a Baybay, Leyte sub-provincial jail that led to his death now face formal administrative cases before the Supreme Court (SC).This, as the high court en banc ordered the re-docketing of the case of Baybay, Leyte Regional Trial Court (RTC) Branch 14 Judge Carlos O. Arguelles; and Basey, Samar RTC Branch 30 Judge Tarcelo A. Sabarre, Jr. into regular administrative cases.Another judge, Janet M. Cabalona of Calbiga, Samar RTC Branch 33, is also now being formally administratively probed for similarly issuing two search warrants against detainees in a government penal facility, where the subject detainees also died.The high court referred the administrative cases to Court of Appeals (CA), Cebu City Associate Justice Gabriel T. Ingles for investigation, report and recommendation within 90 days. Apart from looking into the circumstances behind the issuance of the search warrants inside government detention facilities, Ingles was also tasked to look into the non-action by Arguelles of Espinosa&#x27;s urgent motion for transfer of detention citing danger to his life.&quot;Judges are expected to resolve matters before their salas impartially and independently. Allegations that tend to show that they decided a matter for considerations other than their own conscience and knowledge of the law not only smear their dignity but threaten the very foundations of the judiciary as well.&quot;The situation in this case (Espinosa&#x27;s) is made more grievous by the fact that several persons have been killed in circumstances brought about by a court process,&quot; the SC said, in a resolution.<div>‘JAIL FACILITIES NOT COVERED BY RIGHT TO PRIVACY’</div>The SC had earlier tasked the Office of the Court Administrator (OCA), led by Atty. Jose Midas Marquez, to conduct an investigation. In its report submitted on December 5, 2016, the OCA found Sabarre and Cabalona administratively liable for issuing search warrants to be implemented in jail facilities of the government.&quot;The OCA emphasizes that a jail facility is not a private dwelling that comes under the protection of the right to privacy. It (OCA) cited Alejano vs. Cabuay, where the [SC] held that &#x27;a citizen&#x27;s privacy rights is a guarantee that is available only to the public at large but not to persons who are detained or imprisoned,&#x27;&#x27; a media advisory from the SC read.On the claims of the PNP Criminal Investigation and Detection Group 8 (CIDG-8) that the application for search warrant in the case of Espinosa was warranted because there was collusion between Espinosa and his fellow inmate Raul Yap, who also died in the operation, the OCA said &quot;courts should not allow themselves to be used&quot; and that the policemen should have &quot;exhausted all other remedies.&quot;The OCA&#x27;s recommendations are the following: Arguelles be merely reminded to be more circumspect in resolving &quot;very urgent motions;&quot; and Sabarre and Cabalona be fined in the amount of P10,000 for gross ignorance of the law for issuing search warrants to be implemented in government jail facilities.<div>FURTHER INVESTIGATION NEEDED</div>The SC en banc, however, disagreed with the OCA&#x27;s recommendation in the case of Arguelles, and found &quot;there is enough reason to warrant further investigation of the three judges.&quot;In Arguelles&#x27; case, the high court noted that while he was deliberating on Espinosa&#x27;s motion for transfer of detention, two detainees being linked to illegal drug operations already died while in detention and &quot;[t]hese incidents should have alerted Arguelles to the fact that the perceived threats on the life of Espinosa while in detention while at the sub provincial jail in Baybay City were not merely imagined, but real.&quot;Twenty-four policemen, led by Supt. Marvin Marcos, face charges before the Department of Justice (DOJ) in connection with the deaths of Espinosa and Yap. The National Bureau of Investigation (NBI) claimed both were killed in a rubout, contrary to the CIDG-8&#x27;s claim that what took place was a shootout.<ul class="op-related-articles">	<li>READ: <a href="http://news.abs-cbn.com/news/12/06/16/nbi-says-espinosa-killing-a-rubout-conspiracy-possible">NBI says Espinosa killing a rubout, conspiracy possible</a></li></ul>The CIDG-8 applied for a search warrant against Espinosa for allegedly possession a firearm inside his cell; in the case of Yap, the policemen alleged that he was in possession of illegal drugs.

MANILA - Two trial court judges who issued the search warrants used by policemen to justify their operation against Albuera, Leyte Mayor Rolando Espinosa inside a Baybay, Leyte sub-provincial jail that led to his death now face formal administrative cases before the Supreme Court (SC).

MANILA - Two trial court judges who issued the search warrants used by policemen to justify their operation against Albuera, Leyte Mayor Rolando Espinosa inside a Baybay, Leyte sub-provincial jail that led to his death now face formal administrative cases before the Supreme Court (SC).

Judges in slain mayor Espinosa's cases face admin cases

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Judges in slain mayor Espinosa's cases face admin cases

Ina Reformina,

ABS-CBN News

Published January 24, 2017 11:33 PM PHT

Read More:

Rolando Espinosa

Supreme Court

Carlos O. Arguelles

Tarcelo A. Sabarre

Janet M. Cabalona

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