Integrated Bar of the Philippines backs Jastiva's release

CEBU, Philippines - The Integrated Bar of the Philippines is backing up Judge Gabriel Ingles’ decision ordering the police to release Pastor Leonardo Jastiva, who is accused of killing his own wife, stating that the warrantless arrest was illegal.

During the 888 forum yesterday, Democrito Barcenas and Manuel Monzon of IBP both said that Ingles’ decision to grant the writ of habeas corpus filed by Jastiva’s daughter against CCPO Homicide Section Chief Mario Monilar was right because the arrest was invalid.

Barcenas said that in this particular case, the police cannot claim it was a hot pursuit because such can only be true when the crime has just been committed. 

The body of Jastiva’s wife was found five to seven days after she was killed so the arrest of the alleged killer could not be called a hot pursuit.

“Dili man ta kaingon nga the crime has been committed kay wala man gyud sila kahibaw kung kanus-a gyud buhaton ang crime or kanusa namatay, so if wala sila kahibaw ani, unsaon man nila pag-ingon na the crime has just been committed?” he added.

Barcenas said that sometimes crimes are solved in haste just to convince the public that it has been solved where in fact it has not.

“That this is unfortunate since solving crimes by making shortcuts is not good for society, not good for the rule of law and not good for the constitution,” he added.

Monzon shared the view of Barcenas saying that Ingles was right in calling the arrest highly illegal and unconstitutional.

Jastiva, national president of International Missionary Society of Seventh Day Adventist Church Reform Movement, is accused of masterminding the kidnapping and killing of his wife Judith.

IBP will also be electing its new set of officials this Saturday.

Barcenas was the former president of the IBP Cebu City chapter in 2003 while Monzon was the president of the provincial chapter also the same year.

Monzon said he hopes the new officers will “stand to the issues”.

IBP have been questioned lately about why they choose to defend the criminals rather than the victims. Barcenas said that this is not true.

“Dili na paglaban we are purely trying to observe the rule of law and the constitution and everyone has a right in court,” he said.

Meanwhile, Cebu City Police Office chief Sr. Supt. Patrocinio Comendador Jr. welcomed the decision of Police Regional Office-7 Officer-in-Charge Chief Supt. Federico Terte to provide them with lawyers from Camp Crame to assist them in prosecuting the parricide case against Jastiva.

Comendador also said CCPO especially needs lawyers of its own. – AJ de la Torre and Niña Chrismae G. Sumacot/BRP   (THE FREEMAN)