But while the court has granted the motion of the provincial government in an omnibus order, it denied the twin motions of Sacamay and others, specifically his motions to quash on the ground of double jeopardy and to cite CPDRC jail warden Alfredo Abella and others for contempt.
In her omnibus order dated July 14, judge Sylvia Paderanga said Capitol's motion for the transfer of Sacamay and others from the CPDRC to the detention facility of Centcom is "meritorious and necessary."
Aside from Sacamay, there are two other political detainees in CPDRC. These are Jigger Geverola and Jerry Pelenio.
Governor Gwendolyn Garcia said she will not miss the said political detainees, who do not like CPDRC anyway.
"Malipay na sila ani kay wa man sila ganahi aning CPDRC. Karon matangtang na gyud sila sa ilang gikasilagan nga CPDRC and I can't say that I miss them," Garcia said.
On the other hand, Paderanga denied the motion to quash filed by Sacamay on the ground of double jeopardy for the rebellion case he is facing here before the lower court.
In his court order, Paderanga said it is "unfounded in law and jurisprudence", emphasizing that although Sacamay has already been arraigned before the RTC in Tagbilaran City, Bohol for the same offense, this court sees no cogent reason to grant his motion to quash on the ground of double jeopardy.
The reason being that the other element, specifically that the accused is either convicted or acquitted, or the case is dismissed without his express consent, is not present. - Cristina C. Birondo