SENATE Majority Leader Francis ‘Tol’ Tolentino is standing firm in his position that only the Senate has a valid arrest warrant against former Bamban, Tarlac Mayor Alice Guo.
At the plenary session of the Senate on Tuesday afternoon, Tolentino delivered a manifestation where he cited the transmittal sheet that was sent by the Office of the Ombudsman to the Executive Clerk of Court of the Third Judicial Region (RTC of Capas, Tarlac) when the Ombudsman filed the information for Guo’s graft cases.
The transmittal sheet, dated August 29, 2024, and signed by Assistant Ombudsman Rex Reynaldo Sandoval, included a request to the Executive Clerk of Court “for appropriate action by the Honorable Executive / Presiding Judge in the immediate determination of the nearest judicial region pursuant to the Office of the Court Administrator (OCA) Circular No. 10-2024…and RA 10660 or an Act Strengthening Further the Functional and Structural Organization of the Sandiganbayan.”
To recall, Tolentino had moved for the Senate to take custody of Guo during the Senate inquiry on Monday after arguing that the arrest warrant issued by RTC Branch 109 in Capas was in violation of RA 10660, since Guo held office in Bamban which is located in the same judicial region (Third Judicial Region).
Under Section 2 of RA 10660 on jurisdiction, “…the cases falling under the jurisdiction of the Regional Trial Court under this section shall be tried in a judicial region other than where the official holds office.”
“Ibig sabihin po, Mr. President, wala pong jurisdiction. Sang-ayon po dito, wala pong jurisdiction yung Capas, Tarlac, at binibigyan po ng poder ang Executive Judge na pumili ng pinakamalapit na judicial region,” Tolentino told his colleagues.
“I am stressing this, Mr. President, to highlight again that as of today, the Senate’s warrant of arrest should be considered as the only valid warrant of arrest in existence today,” he added.
In addition, Tolentino has sent an official letter to Senator Risa Hontiveros, Chairperson of the Committee on Women, Children, Family Relations and Gender Equality, to furnish the chair of the Senate inquiry with a copy of the said transmittal sheet.
In his letter, Tolentino told Hontiveros: “Despite the foregoing, the RTC Branch 109 of Capas, Tarlac assumed jurisdiction over the same [Guo’s case] and issued an arrest warrant against former Mayor Alice Guo, which has raised questions regarding the jurisdiction and validity of the case filed against her.”
Tolentino is a lawyer and law professor.
