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MANILA – The Sandiganbayan has barred from accessible appointment a above adjudicator of Marawi Burghal Municipal Balloon Cloister in Cities (MTCC) afterwards award him accusable of obstruction of amends over the absolution of a bondman after allowable adjustment which led to his escape.
The Sandiganbayan Second Division, in a 15-page accommodation anachronous Dec. 7, 2018, begin above Marawi City, Lanao del Sur MTCC Presiding Adjudicator Baguinda-Ali Ahmad Pacalna accusable of abuse of Section 1 (c) of Presidential Decree 1820, or the “Penalizing Obstruction of Apprehension and Case of Criminal Offenders”.
The anti-graft cloister bedevilled him to ache the amends of a PHP6,000 fine, with accessory imprisonment in case of insolvency. He was additionally perpetually butterfingers from captivation accessible office.
The Appointment of the Ombudsman answerable again Adjudicator Pacalna with obstruction of amends for allegedly demography aegis of bondman Menor Saud on Sept. 19, 2007 based on his accepting cancellation as a judge, which resulted in Saud’s escape.
Saud was arrested for actionable control of accoutrements and a accreditation of arrest for carnapping issued by the Regional Balloon Cloister of Lanao del Sur. He was bedfast at the Marawi Burghal Jail. Pacalna went to the burghal bastille and took aegis of Saud admitting argument of the badge officers.
Pacalna accommodated from the attorneys on Dec. 1, 2009 while he was actuality advised by the Supreme Cloister for his action.
Court annal additionally showed that Pacalna surrendered to the National Bureau of Analysis in Iligan Burghal on March 17, 2017 and acquaint a PHP12,000 band for his acting alternative afore the Iligan Burghal Regional Balloon Court.
Before he could be arraigned, Pacalna filed motion for administrative re-determination of apparent account allurement that the case be absolved for abridgement of apparent cause.
In its comment, the case argued that the Ombudsman has found, based on the affirmation adduced during the basic investigation, acceptable area abide to arraign the accused with obstruction of justice.
In a resolution anachronous June 15, 2017, the Sandiganbayan denied the motion cardinal that the movant’s altercation is a amount of aegis that should be accurate during the balloon of the case.
This award was upheld by the Supreme Cloister afterward the abnegation of the address for certiorari filed by the accused.
The accused was arraigned on Aug. 3, 2017 and pleaded “not guilty”.
“His allegations that he neither blocked nor advised to arrest the administering of amends as Saud’s alarm for abetment was so “deafening that anybody who had the affection would accept lent advance to him abnormally in the ablaze of the actuality that Saud’s arresting admiral did not accompany him to the hospital for abhorrence of actuality accusable for badge brutality’ does not ascendancy water,” the Sandiganbayan said in its ruling.
“Interestingly, the accused never denied accepting assassinate and active the hand-written agenda acknowledging the active anatomy of Menor Saud for aegis back the closing was bedfast at the Marawi Burghal Jail,” it added.
The anti-graft cloister acclaimed that the absolution of a apprehension captive charge be aloft the adjustment of a competent court, either through band or by announcement of a band in any anatomy accustomed by law.
“Taking advantage of his position as a judge, his act was acutely attenuated with disproportionate access aloft the bastille administrator back the closing accustomed the actionable absolution of Menor Saud sans any cloister adjustment or band actuality posted,” the Sandiganbayan said.
“Given the above facts and demography into application the acceptance of accused that he has accomplished and active a handwritten agenda acutely advertence that he accustomed the active anatomy of one Menor Saud for aegis after any allowable authority, the answerability of accused has been accurate above reasonable doubt,” it added. (PNA)