Philippines: Arrest of a prominent Muslim human rights defender from Jolo, Sulu

PHILIPPINES: ARREST OF A PROMINENT MUSLIM HUMAN RIGHTS DEFENDER FROM JOLO, SULU

ISSUES:
1.    FABRICATION OF CHARGES AND ADMINISTRATION OF JUSTICE
2.    DEFIANCE OF THE JUDGE RE: SUPREME COURT’S ORDER TO TRANSFER THE CASE FOLDER TO THE REGIONAL TRIAL COURT OF DAVAO CITY FROM REGIONAL TRIAL COURT OF JOLO, SULU
3.    GROSS IGNORANCE OF THE LAW

UPDATE ON URGENT APPEAL   UPDATE ON URGENT APPEAL

Dear Friends,

Task Force Detainees of the Philippines (TFDP), writes to inform you about the updated information regarding the case of Mr. Temogen Sahipa Tulawie, a human rights defender belonging to a Tausug tribe from Jolo, Sulu.

On January 16,2012, Hon. Judge Betlee-Ian Barraquias, Executive and Presiding Judge in Regional Trial Court (RTC), branch 3 in Jolo, Sulu has ordered the transfer of the victim to Jolo, Sulu and wrote the Executive Judge of Davao City, defying the Supreme Court order dated June 13,2011.

Portion of the letter to the Executive Judge of Davao City reads” We wish to most respectfully inform your end that the bearers, Mr. Jun M. Abbas and Mr. Perfecto Canas, Jr. are Sheriff/process server and personnel of the Regional Trial Court of Jolo, Sulu, to serve within your jurisdiction in Davao City the order of this court to P/Supt. Michael Dubria, Chief Regional Intelligence and Investigation Division, Police Regional office 11, Camp Catitipan, Davao City, to deliver/transfer the jurisdiction of the Regional Trial Court of Jolo, Sulu, in criminal cases no. (07-09) 1648-3 and (07-09) 1649-3.

Dispositive portion of the order, “ Wherefore, premises considered orders P/Supt. Michael Dubria, Chief Regional Intelligence Division, Police Regional Office 11, Camp Catitipan, Davao City, who is said to have custody of the accused, Temogen “Cocoy” Tulawie or any person who has the accused, Temogen “Cocoy” Tulawie to this Honorable court at the Regional Trial court, Branch 3, Jolo, Sulu, within the period of forty eight hours receipt of this order taking the necessary security measures to ensure the safety of the prisoner during the transfer from Davao City to jolo, Sulu, and to prevent his escape while under his or their custody to be dealt with in accordance with the law.

Fail not under the penalty of law.
So ordered.

But on January 17,2012, the Office of the Court Administrator, Raul Bautista Villanueva, Deputy Court Administrator, Supreme Court of the Philippines, Manila, sent the order, dispositive portion states;

    “Please be advised that said order of Judge Barraquias is contrary to the Resolution dated June 13,2011 issued by the Third Division of the Supreme Court wherein the transfer of venue of Criminal Case Nos. (07-09) 1648-3 and (07-09) 1649-3, both involving Mr. Tulawie, was decreed to be held at the Regional Trial Court of Davao City. Likewise, be advised that the Motion for Reconsideration of the above Resolution had already been acted upon and this has apparently been DENIED. Thus, with more reason that Judge Barraquias has no authority to issue his supposed order.

As such, you are hereby directed to inform the police or jail custodians of Mr. Tulawie that any order contrary to the Resolution dated June 13,2011 of the Third Division of the Supreme Court cannot be implemented.

If action has already been taken by them regarding the same, kindly advise P/Supt. Dobrea to cease in further complying with the Order of Judge Barraquias and any steps taken by them or any jail officer for that matter should no longer be carried out.