Sulu 2nd District Cong. Arbison cannot be arrested, Court of Appeals

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)