Lawyers of pastor eye charges vs. police

CEBU, Philippines - Lawyers of religious leader Leonardo Jastiva are contemplating filing charges for arbitrary detention against the Homicide Section police for arresting and detaining Jastiva without legal grounds.

In an interview over dySS, one of Jastiva’s lawyers, Agueda Monteclar, said they will study the possibility taking legal action against members of the homicide police because the information in the affidavits they have submitted to support the parricide charge against Jastiva reportedly cannot pass as circumstantial evidence.

Jastiva’s other lawyers are Luzvimindo Besario and Fritz Quiñanola.

“It will just end up at the city fiscal’s office,” Monteclar said, adding that they are optimistic that Jastiva will be cleared of any liability.

Last Saturday, the Regional Trial Court declared Jastiva’s arrest as illegal and ordered the pastor to be released from jail.

Judge Gabriel Ingles said the homicide police failed to comply with the requirements of the Rules of Court but emphasized that the police can still pursue the parricide case against Jastiva through a regular preliminary investigation.

The police tagged Jastiva in the killing of his wife because of his alleged uncooperative behavior. They placed him under arrest last Thursday after they found text messages in his cell phone suggesting that the alleged kidnapping was just a scenario he created to cover up the killing.

The text messages that were allegedly coming from his wife’s supposed kidnappers were reportedly found out to come from Jastiva’s own cellphone.

Yesterday, Monteclar assured Jastiva will not go anywhere but has been advised not to issue any more statements.

Nevertheless, in a separate interview, Jastiva said they might bury his wife in Talisay City today. He said the St. Francis Funeral Parlor advised him to have her buried yesterday but they reportedly requested to extend her stay there.

Jastiva said his wife’s family wanted to bring her remains to Dipolog City but he refused to spare them from additional burden.

Meanwhile, city police chief Patrocinio Comendador Jr. said they will employ all legal options to justify the legality of Jastiva’s arrest, one of which is the filing of a petition for certiorari, which will include stronger evidence against the pastor.

Investigation and Detection Management Branch chief George Ylanan said that while he may have been ordered released from jail, Jastiva is not totally free just yet.

“Wala pa ni ka-first base ning kaso-ha. Dili pa ta makaingon nga gawasnon si Jastiva,” Ylanan said. — Johanna Natavio and Niña Chrismae Sumacot/JMO (THE FREEMAN)