Sulu 2nd District Congressman Munir M. Arbison |
ZAMBOANGA CITY (Oct. 8, 2018) - “ARBISON CANNOT
BE ARRESTED”, said the COURT OF APPEALS’ issued TRO. In a Resolution dated
October 2, 2018, the Court of Appeals Ordered Judge Tillah and anyone acting in
behalf of the court to “CEASE AND DESIST” from arresting Sulu Second District
Cong. Munir M. Arbison and his brother Luuk Mayor Allayon M. Arbison.
It
can be recalled that October last year, RTC-Branch 4 issued a warrant for the
arrest of Cong. Arbison, his brother and several others for the alleged crime
of Arson under PD 1613 without a recommended bail bond.
Cong.
Arbison first questioned the premature filing of the Information by Sulu Acting
Provincial Prosecutor, Annie Marrie PierreAngelie P. Ledesma on the ground that
the complaint-affidavit was spurious because among the persons who executed it
before Prosecutor Ledesma, four of them were already dead while one of them was
in Malaysia.
However,
their plea was ignored by Prosecutor Ledesma. Arbison also questioned the
issuance of the warrants on the same day the informations were filed. Arbison,
however, was able to post bail after a new judge was assigned to that court.
The new judge held that the offense for which Arbison’s group were charged is
bailable as a right and so granted them bail.
However,
before trial can proceed, said judge recused on motion by the prosecutor. When
Judge Tillas assumed as presiding judge over the case in early September this
year, she, moto propio and without conducting a hearing, cancelled the bail
bond posted by Arbison’s group on the ground that it was erroneously granted.
In
its Resolution granting the petition filed by Arbison, the CA cided with
Arbison that the crime for which they are charged are actually bailable. The
Court of Appeals, Special 23rd Division held: “It appearing from the petition
that there is reason to conclude that the crime charged is bailable, the Court
finds that the petitioners have clear and [un]mistakable right at this point
for judicial protection of their provisional liberty that resulted from the
bail previously posted by them.”
When
asked for comment, Cong. Arbison still expressed his continiuing trust in the
country’s judicial system notwithstanding the experience they endured as a
consequence of the crumbling of the justice system in Sulu.
His
lawyer, Atty. Jamar M. Kulayan, said this would not have happened at all had
there been a clarificatory hearing conducted because they are sure at least
Five (5) of the affiants are spurious or mere substitutes for their relatives
who are already dead or in Malaysia. When asked if this was politically
motivated, Cong.
Arbison
said that considering the allegations and the absence of any evidence against
him and the timing of the cancellation of their bail bond, there is no reason
for him to conclude otherwise. Accordingly, this is the reason that much to his
regrets, he had already asked the Supreme Court for the transfer of the venue
of these cases anywhere outside of Sulu.
He
was also asked about his plans for the 2019 elections and declared that he was
running not for provincial governor but that they have the strongest group so
far to bring the much needed change in Sulu. Earlier, Arbison was joined by the
big political families in Sulu:
Tulawie,
Amin, Loong, Jikiri, Sahidulla, Estino, Daud, Omar and Anni. This is the second
that Judge Tillah was restrained by the Court of Appeals. Last September 26,
the Court of Appeals also issued TRO directing her court from not enforcing the
warrant it earlier issued and for Prosecutor Ledesma to afford former Vice
Mayor Alrasdy Sarapuddin his right to a regular preliminary investigation. (By
Bern Concepcion)
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