BALER, Aurora, Philippines – Two regional trial court judges here are locked up in a virtual tug-of-war over the case of foreigners caught poaching in coastal waters in Dilasag town last month.
Presiding Judges Evelyn Atienza-Turla and Corazon Soluren, of the RTC Branches 66 and 96, respectively, are conducting separate hearings on Criminal Case 4370 involving the foreign fishermen, causing confusion even among the accused here.
The accused – Chen Din Tah, Chin Min, Hasan, Mascripin, Swi Cehu, Irdham Maulana – were charged after they were caught poaching in Dilasag on July 27 aboard the Taiwanese fishing vessel BK-7162.
An information for violations of Republic Act 8550, also known as the Fisheries and Aquatic Resources Law, was filed by the Provincial Prosecutor’s Office before the RTC against the accused. A separate case for poaching was filed before RTC Branch 96 against foreigners Pranky Pea, Piktor Paleto, Misa Christian Majunto, Adolph Madilah, Gasalizariz Jop Lahuntong, Rudolf Fayangi, Jacob Tingkae, Ferry Lalao and Sheng Hui Hong.
Soluren assumed jurisdiction over RTC Branch 96 when Chief Justice Renato Corona issued an administrative order on June 11 designating her to the post, replacing Turla, who originally handled the case.
Turla, in the same order was named acting executive judge and presiding judge of RTC Branch 66.
The order was issued to prevent a vacuum when RTC Branch 66 became vacant following the appointment of then-presiding judge Armando Yanga as presiding judge of the Manila RTC Branch 173.
The legal tug-of-war arose when Soluren set aside Turla’s June 18 order consolidating the cases of the two branches, saying the order no longer has force and effect since the latter was no longer the presiding judge as of June 11 in view of Corona’s order.
This angered Turla who on June 30 issued an order cancelling Soluren’s order and rendering it as having “no force and effect.” Turla also sent Soluren an administrative order asserting among others that as acting executive judge, she has administrative powers over RTC branches 66 and 96 and that the latter cannot reverse her order consolidating the cases in the two branches. She also ordered Soluren to desist from handling further the case involving the foreign poachers.
The rift worsened when Soluren demanded the branch clerk-of-court of Turla’s sala, Cecilia Hernandez-Ching to return the records of the case, allegedly taken by Turla, to Ching’s RTC Branch 96 counterpart, Rabindranath Tuzon. Ching has filed a manifestation denying that Turla took the records of the case home.
Subsequently, Turla set the arraignment of the accused on Aug. 26, two weeks after Soluren’s own hearing on Aug. 12.
Soluren, in a letter to Jose Midas Marquez, SC court administrator, said that following Corona’s order, Turla did not anymore conduct hearings of the cases before RTC Branch 96 during the period June 14-18, even informing the court personnel she (Soluren) has taken over because of the Chief Justice’s order.