Hold order issued vs bombing suspect Salapuddin

MANILA, Philippines - The Quezon City Regional Trial Court (RTC) issued yesterday a hold departure order against former Basilan Rep. Gerry Salapuddin who is facing an arrest warrant for his alleged involvement in the bombing at the Batasan Pambansa in Quezon City in 2007.

Judge Ralph Lee of the RTC Branch 83 issued the order after private prosecutor Bayani Carubio requested the hold departure order yesterday morning.

“Acting on the urgent motion for issuance of hold departure order dated Aug. 16, 2010 for the reason that there is the possibility that the accused will abscond or flee from this jurisdiction or out of the country, said motion is hereby granted,” Lee said in an order.

“Accordingly the commissioner of Immigration or his duly authorized representative and the Department of Foreign Affairs are hereby ordered to prevent accused Gerry Salapuddin from leaving the country until further orders from this court,” Lee said.

Lee issued a warrant of arrest last Friday afternoon against Salapuddin who is facing multiple murder and frustrated murder charges.

Salapuddin is one of the seven accused in the bombing that killed six people, including his political rival then Basilan Rep. Wahab Akbar, who was perceived to be the main target of the attack, and injured several others including Gabriela party-list Rep. Luz Ilagan and Negros Oriental Rep. Pryde Henry Teves.

Salapuddin’s former driver Ikram Indama had admitted that he parked a motorcycle that was loaded with explosives near the lobby of the south wing of the House of Representatives in Quezon City before the explosion.

Aside from Salapuddin and Indama, among those accused in the case are Caidar Aunal, Adham Kusain, Hajarun Jamiri, Benjamin Hataman, and Police Officer 1 Bayan Judda.

Judge Lee said he issued the arrest warrant despite a pending petition for review before the Supreme Court (SC) because the High Court has not issued any temporary restraining order regarding the matter.

Lee clarified that the arrest warrant is without prejudice to the final resolution of the petition pending before the SC.

“It has been more than a year since the accused filed his petition for review with the Supreme Court without having obtained any relief or remedy that would warrant the suspension of the proceedings in this case. In the absence of any directive from the Supreme Court, in the interest of justice, the proceedings in this case must move forward. A warrant of arrest against the accused is thus necessary to protect the rights of the people,” he said.

Lee had issued an arrest warrant in 2008 but this was lifted after the Department of Justice came out with a resolution excluding Salapuddin from the charge sheet.

The prosecution brought the case to the Court of Appeals, which reversed the ruling, prompting the defense to elevate the case to the SC.

In issuing the recent arrest warrant, Lee said, “The records of this case show that there is an information against accused Salapuddin. While it may be true that this court previously lifted the warrant of arrest that it issued against the accused after the Secretary of Justice found that there was no probable cause against him, the same findings, however, of the Secretary of Justice were eventually reversed by the Court of Appeals.”

“To the mind of the court, there has already been an executive and judicial determination of probable cause that it cannot ignore. Until now, the Supreme Court has not issued any directive for this court to cease and desist from moving forward in the case. Had the Supreme Court determined that the rights of the accused will be violated if the proceedings in this case continued, then it would have issued a provisional remedy or temporary restraining order,” Lee said.

Cops fail to find Salapuddin

Police failed to arrest Salapuddin after arresting officers searched his house in Isabela City in Basilan after the Quezon City court issued a warrant of arrest for the former congressman.

Police raided Salapuddin’s house at No. 1 Geras Street, Geras Village, Barangay Sumagdang, Isabela City, Basilan and at 48 Sitio Kaliwa Street, Fil-Invest II, Batasan Hills in Quezon City last Friday but failed to make any arrest.

The Basilan Police Provincial Office officer-in-charge Senior Superintendent Cristeto Rey Gonzalodo said his forces led by Superintendent Abubakar Tulawie, provincial investigation and intelligence, and the 1519th Provincial Police Safety Management Company (PPSMC) conducted the search at Salapuddin’s house.

“Unfortunately, we were not able to see Gerry Salapuddin in his house in Sumagdang,” Gonzalodo said.

He said follow up operations are now being conducted to arrest Salapuddin, who could be hiding in his other houses in Basilan or even in Manila.

Lawyer Quirino Esguerra, counsel for the Akbar family, said the Basilan police immediately launched a manhunt after receiving a copy of the warrant of arrest from the Quezon City RTC.

“He eluded arrest. The police forces cordoned his house in Isabela City but he was not located there,” Esguerra said.

Salapuddin earlier filed a motion before the Court of Appeals, which in turn reversed the decision that prompted the latter to elevate his plea to the High Tribunal.

Akbar’s widows – Basilan Gov. Jum Akbar and Isabela City Mayor Cherrylyn Santos-Akbar – expressed elation over the court’s issuance of warrant of arrest.

Gov. Akbar called on law enforcers to immediately arrest the suspects and appealed to the people to help by way of providing information on their whereabouts.

“Do not coddle them as you will be liable under the law,” Akbar said.