The SC’s first division also castigated RTC Judge Anastacio Anghad for "grave abuse of discretion" for annulling the arrest orders, which his predecessor had issued for former mayor Jose Miranda, SPO 3 Alberto Dalmacio, PO3 Romeo Ocon, and Rodel Maderal.
Miranda and the three others were implicated in the killings of Vicente Bauzon and Elmer Tuliao in March 1996, with the former mayor tagged as the alleged mastermind.
The victims’ burnt remains were discovered at a farm in neighboring Ramon town.
The SC’s first division, composed of Associate Justices Minita Chico-Nazario, Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez and Romeo Callejo Sr., assailed Anghad for "grave abuse of discretion amounting to lack or excess of jurisdiction" for quashing the arrest warrants issued by then Santiago City RTC Judge Wilfredo Tumaliuan and dismissing the information for murder against the four accused.
Chief Justice Artemio Panganiban certified the 25-page order dated March 31 of the SC’s first division, a copy of which was obtained by The STAR yesterday.
Besides restoring the arrest orders, the first division also ordered Anghad to reinstate the information for murder against the four accused and eventually transfer the case to a Manila RTC.
The tribunal also ordered Anghad to report to the SC within 10 days from the transfer of the murder case to Manila.
The SC order came four years after Tuliao’s father, Virgilio, who is now under the government’s witness protection program, filed a petition with the Court of Appeals and later with the Supreme Court to restore the arrest warrants and the murder case as well.
A long-time mayor here, Miranda lost to his perennial rival, incumbent Mayor Amelita Navarro, in their rematch in the 2004 elections. He is an older brother of Isabela fourth district Rep. Anthony Miranda.
Miranda, whose late father, Jose Sr., was also a long-time mayor here, is reportedly eyeing a political comeback in next year’s mid-term elections.
Miranda’s son, Joel, also served as city mayor for one term.