Capitol files petition for Arsenio's transfer

CEBU, Philippines - Capitol lawyers yesterday filed before the Regional Trial Court the motion for the transfer of inmate Alfredo Arsenio from the Cebu Provincial Detention and Rehabilitation Center to the Cebu City Jail, both in Barangay Kalunasan, Cebu City. 

Provincial Legal Officer Marino Martinquilla hopes to get a favorable order from the court for the transfer of Arsenio on the grounds that the motion filed by the Department of Justice in Aklan Province showed that the inmate be detained at the Bureau of Jail Management and Penology in Cebu City where the hearing is also being held.

Capitol consultant Lito Astillero also said yesterday that they found another document showing a "vague detention order" for Arsenio to be detained at "BBRC/CPDRC" in Cebu City.

"I believe that in the mind of the court is that BBRC and CDRC are both run by BJMP. I think there is confusion there. It is possible that the court thinks that CPDRC and BBRC are both run by BJMP," Astillero told reporters.

The Bagong Buhay Rehabilitation Center, known as the Cebu City Jail, is run by BJMP while CPDRC is run by the Cebu provincial government.

Cebu City Mayor Michael Rama is opposing the move to transfer Arsenio to the Cebu City Jail.

Governor Gwendolyn Garcia said that Rama's opposition just illustrates that Arsenio is really a problem and a headache.

"We understand his sentiments, in fact his sentiments exactly support our stand that this inmate is too highly sensitive," Garcia said.

"However, we believe that the mayor or the city government is not a proper party to oppose the motion because BJMP Cebu City is a national bureau," Astillero said.

Garcia said that Arsenio has the capability to corrupt or to bribe guards, he is a highly sensitive personality especially to the media and any perceived deviation from rules is given more hype than some other ordinary case.

She also said Arsenio poses a security risk to himself since other inmates will be affected by stringent security measures and rules or even sanctions that the Capitol may impose as a matter of disciplinary procedure against erring guards.

Arsenio, former mayor of Lezo town in Aklan, is accused of murdering radio broadcaster Heherson "Boy" Hinolan in Kalibo, Aklan, last November 13, 2004.

The Supreme Court ordered the transfer of the trial of his case to Cebu City because witnesses are afraid to testify if the hearing will continue in Aklan considering that he is very influential.

While detained at the CPDRC, Arsenio figured in some controversies that led to the suspension of the jail warden.

There was a report that the former mayor had been given special treatment by the jail guards but this was denied by Garcia.

Arsenio was even reported having lunch with jail guards at a restaurant near the Capitol after a court hearing.

Last month, he was caught by security cameras hosting a birthday party at the provincial jail warden's office.

Meanwhile, Rama said the Cebu City Jail is not ready to accept another headache in the form of Arsenio. He said that the city jail has problems that need to be addressed first.

He said only persons who committed crime in Cebu City shall be detained at the facility.

"I will stand on my position that I do not want an inmate in the person of Arsenio to be detained at the city jail especially that the crime committed by that person did not happen in Cebu City," Rama said.

He said that the peace and order in Cebu City might worsen.

"Kung di diay kaya sa atong peace and order situation, mapun-an na sad atong crime rate… We do not wish to be involved on matters when we still have other matters we have to attend to, which we believe will be needing more attention," Rama said.

Rama said that until the guards and warden at the Cebu City Jail can assure the city government that there will be no more drug smuggling, favoritism and corruption, among other problems reported, they cannot accept Arsenio.   — (FREEMAN)