JABONGA, Agusan del Norte -- What does one do upon receipt of a warrant of arrest in the mail?
Do you throw it away with the rest of the junk mail or do you send by return mail a P2,000 bail bond for your temporary liberty?
This was the dilemma one couple from this sleepy town faced.
Buenaventura Rollo, 54, and his wife Nelita of Purok 6, Barangay Poblacion in this town told The STAR that they did not know whether to take the "arrest warrant" served against their son seriously.
In sworn statements, the couple said that on Dec. 8, 1999 they received a registered letter with sender's name "SPO1 Arlito Arsaga."
Upon opening the letter, they were surprised to find that it contained a warrant of arrest against their son Darius, 25, a student. Also enclosed were some documents from the Philippine National Police (PNP) Regional Internal Affairs Office clearing Arsaga of charges in an administrative case filed by the Rollo family.
Back in September, the Rollos filed criminal and administrative charges against Arsaga for attempted homicide, arbitrary detention and maltreatment before the Ombudsman, the PNP Internal Affairs Office and the municipal circuit court of this town.
Records showed that on Sept. 11, 1999, Arsaga arrested the younger Rollo over a mauling incident.
Arsaga allegedly tried to shoot the younger Rollo with his caliber .38 revolver. Not content with arresting him, the police officer then pistol-whipped Rollo in the mouth.
Arsaga, however, denied the accusations made by the family and instead filed criminal charges of direct assault on a person of authority against the younger Rollo.
After receiving the warrant, the Rollos said they seriously thought about sending a bail bond of P2,000 by mail to Judge Carlos Cambray, who had issued the warrant of arrest.
Confused and afraid, the couple decided to seek the assistance of the Commission on Human Rights regional office in Butuan City.
When the Rollos got there, they were told that the serving of the warrant by mail was the current joke in legal circles. Simply put, it was illegal.
For his part, Cambray denied having authorized the issuance of the warrant, although he admitted signing it.
In a statement, the judge said he is investigating the possible participation of his staff in connection with the unauthorized issuance of the order, which he said has partly ruined his legal career.
Prominent members of legal circles here have also called for an immediate probe into the mailed warrant case, the first of its kind in the history of legal criminal procedures.