Parricide raps filed vs. pastor

CEBU, Philippines - A Criminal complaint for parricide was filed yesterday against a pastor, who was arrested for allegedly killing his wife and coming up with a kidnapping scenario to cover up the crime, amidst a petition for habeas corpus against the police questioning the validity of the arrest.

The Cebu City Prosecutor’s Office deferred any action on the complaint against Pastor Leonardo Jastiva Sr. of the International Missionaries Society of the Seventh-Day Adventist Reform Movement, because of the petition for habeas corpus.

Assistant Cebu City Prosecutor Liceria Rabillas said that she would wait for the resolution of the petition for writ of habeas corpus filed by Jastiva’s lawyers before the Regional Trial Court.

One of Jastiva’s counsels, Luzmindo Besario, yesterday filed the petition against Cebu City Police Office homicide chief Mario Monilar questioning the legality of the arrest.

Besario assisted Jastiva’s daughter, Gemaloe Jastiva Pitogo, who acted as the main petitioner.

They questioned the legal basis of the arrest of the pastor as it was allegedly not covered by the “warrantless arrest” under Rule 113 of the Revised Rules on Criminal Procedures.

According to them, the circumstances surrounding the arrest of Jastiva do not support the warrantless arrest.

Under Section 5 of the Rule 113, an arrest may be effected without a warrant if a person to be arrested is actually committing a crime, had just been committing or is about to commit.

But, these three prerequisites are allegedly absent to make Jastiva’s arrest valid.

They argued that Jastiva was arrested 10 days after the reported kidnapping of his wife, Judith, in which he was accused of killing.

Gemaloe prayed that a writ of habeas corpus will be issued for her father to be brought to court and after hearing the petition this morning he will be released and restored of his personal liberty.

The same arguments were raised by Besario and his collaborated counsel for Jastiva, Agueda Monteclar, during the initial conduct of the inquest proceedings.

Monteclar said that the police have no personal knowledge that their client was the one responsible in killing his wife.

Monteclar prayed before the inquest prosecutor that the case be dismissed on the ground that the arrest was illegal.

She contended that their client was only arrested last February 19 or more than a week since the alleged kidnapping of his wife was reported.

She added that it was also done after a decomposing body was found in sitio Cantipla I, barangay Tabunan.

Jastiva’s lawyers reiterated that the police merely invited the suspect to shed light on the investigation but was placed under arrest without a warrant.

Monilar, who is also a lawyer, argued that Rule 113 provides that a warrantless arrest is considered valid if the arresting officer has “probable cause to believe that a person to be arrested has committed a crime.”

According to Monilar, they have circumstantial and physical evidence to believe that Jastiva was responsible for the crime.

He cited two cellular phones that Jastiva were using, one of which was found to be the one allegedly used by his wife’s supposed kidnappers.

Monilar also said that the pastor was uncooperative with their investigation which bolstered their belief that he was the one responsible for the crime.

The arguments however was cut short after Rabillas knew of the petition for habeas corpus.

Rabillas said they will wait for the ruling of the court before she will decide whether or not to conduct an inquest or a preliminary investigation. Rabillas explained that if the court grants the petition for habeas corpus it will not mean that the case will be dismissed, however, the suspect will be released and will be asked to submit a counter-affidavit.

In case the petition is denied, an inquest investigation will commence and it will be depending on the lawyers of the suspect if they will submit to an inquest or sign a waiver of detention to avail of his right for a preliminary investigation.

Jastiva was arrested by the homicide police Thursday afternoon inside the police headquarters after they have allegedly found sufficient evidence to support their belief that he was responsible for killing his 39 year old wife.

Cebu City Police Director Patrocinio Comendador in an earlier report was quoted as saying that a romantic affair of the victim with another man could be a possible motive in committing the crime.

Stronger Case

Comendador said they now have stronger evidence against the pastor with the appearance of another witness to the alleged abduction of his wife Judith.

He said that their case is strong with the circumstantial and physical evidences they have gathered linking Jastiva to the crime.

The witness, a security guard (name withheld) of a company near P. Abella St., where the alleged abduction took place, alleged that he given instructions by Jastiva what to say to the police.

He was on his way to the comfort room when he saw a dark blue Mitsubishi Lancer and a motorcycle, which was behind it that was properly parked along the road.

He saw two men (presumed to be Jastiva and one of the abductors) talking casually near the motorcycle.

He did not see if a gun was aimed at Jastiva. He also did not notice any commotion that time.

The following day after the alleged abduction, last February 10, Jastiva went to the guard’s residence in Talisay City and talked with him. He asked the guard to narrate what he witnessed.

Last Tuesday, Jastiva reportedly went to the office of the guard’s agency and told him what to tell the police.

Jastiva allegedly told the guard to tell the police that a gun was aimed at him (Jastiva) and then the abductors tied him to the motorcycle using a chain.

The witness however told Jastiva and the media yesterday that he did not see such incident.

Jastiva earlier said that the abduction was casually done by the alleged abductors that anyone who could have seen them could say that they were just talking.

The witness revealed that a Subscriber’s Identity Module (SIM) card was found by his cousin near his (witness’) residence. The said SIM card contained text messages exactly the same text messages the alleged abductors of Judith sent to Jastiva before. He immediately turned it over to the police after learning it was the ‘kidnapper’s’ number.

Monilar said they will study on the contents of the said SIM card which the police believed was included in the ‘plans’ of the alleged kidnappers.

The witness fears for his life and for his family that the alleged kidnappers, might make him pay for telling against Jastiva.

He said that he gave his name, address, and cellphone number to Jastiva.

Comendador said there are two other persons involved in the killing of Judith. —/NLQ (THE FREEMAN)