BBRC warden explains Wapille's return to Mindanao

City jail warden Teofilo Labating Jr. explained that he decided to ship murder convict Guillermo Wapille back to Mindanao without an order from a Cebu City court for fear he would be held in contempt for refusing to comply with the order of a Pagadian City judge.

But Labating's assistant administrative officer, Nelver Lagutin, told The Freeman that before Wapille was transported back to Pagadian City, they have filed a motion asking Regional Trial Court judge Ramon Codilla to allow them to bring back Wapille to Mindanao.

Codilla ordered Labating to submit a written explanation as to why Wapille was brought back to Mindanao without his order. Codilla said Wapille is still under his jurisdiction since his lawyers filed a motion for reconsideration on his decision.

But Lagutin said the Bagong Buhay Rehabilitation Center had not received a copy of Wapille's motion for reconsideration or a communication informing them that Wapille is still under the jurisdiction of a Cebu court.

Wapille, a former member of the Pagadian City police before he was dismissed for the murder of journalist Edgar Damalerio on March 13, 2002, was sentenced to reclusion perpetua or a jail term of up to 20 years after he was found guilty of the crime.

Lagutin said BBRC had received a subpoena from a Pagadian City court in early December directing them to bring Wapille to the hearing of his case on malversation of public property.

The case stemmed from his failure to return his government-issued firearm after his dismissal from the police service.

Lagutin said the scheduled hearing of Wapille's case in Pagadian City was on December 16, which was the reason why Labating decided to transport the ex-policeman on December 14 because the Cebu court failed to act on their motion.

But Codilla described Labating's move as a serious breach of rules.

The jail manual provides that its authorities are only allowed to bring prisoners out of jail even without a court order during emergency situations. - Rene U. Borromeo