Former solon asks QC court to lift warrant of arrest

By CHITO A. CHAVEZ
August 18, 2010, 4:29pm

Former House deputy speaker Gerry Salapuddin, through his lawyer, Wednesday asked a Quezon City court to lift the warrant of arrest issued against him in connection with 2007 bombing at the Batasan complex which killed a fellow congressman from Mindanao.

In a five page omnibus motion, lawyer Bonifacio Granada said that the arrest warrant was issued without legal basis since Salipuddin is no longer included among the accused in the bombing incident.

On Aug. 13, Quezon City Regional Trial Court Branch 83 Judge Ralph Lee issued a warrant of arrest against Salapuddin. Three days later, granting a request from the prosecutors, Lee issued a hold departure order against the former deputy speaker.

Granada said that in an order dated July 18, 2008, Lee granted the motion of the prosecution to withdraw the information or charge sheet against Salapuddin based on the finding of the justice secretary that there was no probable cause to indict him in the case.

“As of the moment, procedurally and technically, sans the filing of amended information to include movant, (Salapuddin) is practically not a party in the instant criminal case,” he said.

Granada also noted that on Nov. 25, 2008, Lee also issued an order granting Salapuddin’s request to hold in abeyance the issuance of a warrant of arrest until the Supreme Court resolves the issue of his indictment.

Following the withdrawal of the charges against Salapuddin, a member of the prosecution questioned the DoJ decision before the Court of Appeals with the appellate court later reversing the decision of the justice secretary.

Salapuddin immediately challenged the CA decision before the Supreme Court.

Since the case is still pending before the High Court, the CA decision has yet to attain finality and so there was no basis for the Quezon City court to issue a warrant of arrest against Salapuddin, Granada said.

Salapuddin is facing multiple murder and multiple frustrated murder cases for the Nov. 12, 2007 Batasan incident that killed Rep. Wahab Akbar of Basilan, and Congress employees Jul-Asiri Hayundini, Maan Gale Bustalino, Dennis Manila, Vercia Garcia, and Marcial Taldo.

Gabriela party-list Rep. Luzviminda Ilagan and Rep. Pryde Henry Teves were also wounded in the incident.

In his August 13 order, Lee said he issued the arrest warrant because the Supreme Court has yet to issue any ruling a year after Salapuddin filed a petition for review of his case.