CEBU, Philippines - The National Bureau of Investigation (NBI)-7 yesterday received the certified true copy of the order of the Sandiganbayan Second Division to defer the implementation of the warrant of arrest against former congresswoman Clavel Asas-Martinez and six others.
Regional Director Antonio Pagatpat said lawyer Inocencio dela Cerna, assisting counsel of the Martinezes, personally handed to their office a copy of the order.
Thus, he said the implementation of the warrant against respondents will be temporarily stopped until further order from the Sandiganbayan.
“We are here to implement the order,†he said.
Before the issuance of the deferment of the implementation of the warrant, the NBI on Wednesday morning attempted to serve the warrant of arrest against Clavel, former Bogo City Mayor Celestino “Tining†Martinez III and former municipal treasurer now councilor Rhett Minguez.
The three, however, were not in their respective houses when authorities arrived.
Aside from Clavel, Tining and Minguez, other named accused were former Girl Scouts of the Philippines treasurer Ma. Cielo Martinez, former municipal accountant Cresencio Verdida, bookkeeper Rhodariza Kilantang and GSP Cebu Council cashier Julieta Quiño.
According to their lawyer, Clavel, Tining and the other accused are not in hiding.
“The Martinezes are in Manila talking to their lawyers about their next action,†he said..
Speaking in behalf of the Martinezes, dela Cerna said they will wait for the resolution for the omnibus motion to dismiss. If this will be denied, he said they will go to the Supreme Court and ask for a restraining order.
The suspension order issued by the Sandiganbayan, according to dela Cerna, has no connection to the Martinezes' political alliance with the President.
“The order came from the Sandiganbayan, we have to give due respect,†dela Cerna said.
Dela Cerna added they are optimistic that based on the order, the Sandiganbayan will find serious grounds to dismiss the case in favor of the accused.
The case stemmed from the alleged misuse of Clavel's Priority Development Assistance Fund in 2003. The Office of the Ombudsman indicted the accused with a violation of the Anti-Graft and Corrupt Practices Act and malversation of public funds over the P10 million allocated to the Girls' Scouts of the Philippines allegedly deposited to Clavel's personal bank account.
Cebu Provincial Police Office Director Sr. Supt. Patrocinio Comendador said they will check the authenticity of the copy of the suspension of the warrant of arrest if there is any.
“We will check but so far we do not have any copy of the suspension order,†Comendador said.
Cebu Gov. Hilario Davide III believes that President Benigno Aquino III has no hand in the suspension of the arrest warrant.
Davide said he knows the President wants the rule of law to prevail regardless of political affiliation.
Davide and the Martinezes in Bogo City are allies of the Liberal Party (LP) led by Aquino.
There were insinuations that the accused will be saved from the arrest considering their alliance with the Aquino administration.
The Sandiganbayan Second Division issued Wednesday the resolution signed by Justice Teresita Diaz-Baldos and Associate Justices Napoleon Inoturan and Oscar Herrera Jr.
The resolution promulgated on July 31, 2013 suspended the implementation of the warrant of arrest in view of the pendency of the omnibus motions to dismiss filed.
The Court granted the Ex-Parte Motions to Defer the Implementation of Warrant of Arrest all dated July 29, 2013.
Last Wednesday, the NBI agents went to the house of the Martinezes at Paradise Village in Barangay Kasambagan and the house of Tining at Silver Hills in Barangay Talamban but the respondents were not there. It was Tining's helper who received the warrant.
The NBI agents then left for Bogo City where they inspected the house of the Martinezes but they failed to locate the subjects.
They proceeded to the house of Minguez who was also not around. The NBI left the area at 12:30 p.m.
Bogo City Mayor Celestino “Junie†Martinez Jr. said that his wife and son are not hiding. Junie said Clavel is in Manila while Tining is in Masbate taking care of their property. (FREEMAN)