RTC Judge Disheartened by Hate SMS Print E-mail
 

Written by Jong Cadion, on 25-03-2008 18:22

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Published in : The News, Police Files

Tags : judge ramas, hate sms, sms, ra 9165, shabu, nbi, buenaobra

Pagadian RTC Judge Renerio Abraham Ramas of RTC Branch 19
A regional trial court judge said authors of the hate text messages misconstrued his motives when he granted the bail request of a couple alleged to be drug couriers and nabbed by authorities few weeks ago.

Judge Renerio Abraham Ramas of RTC Branch 19, (click picture at left now) told this reporter in an exclusive interview over the weekend that he is talking now to correct public perception that he is not what the hate messages meant to be.

“I am not a hoodlum. I only followed what was in law and jurisprudence,” Ramas said.

The judge’s reaction was in response to a text message sent anonymously to city residents, Unsapa.com included, which goes:

“Ramas did it again by granting bail to Bas Safari and wife despite the non-bailable (98grams) and even fetched the drug pusher from the Provincial Jail. A salute to a hoodlum in robes. May his tribe multiply!”

Former COP /SInsp. Oscar Tan Buenaobr
P/SInsp. Oscar Tan Buenaobra, RIID
The Safari couple mentioned in the text message are suspects Ibrahim Safari, his wife Zenia and Celso Carvero, all residents of this city, who were arrested by former city police chief, P/SInsp. Oscar Tan Buenaobra now of the Regional Intelligence and Investigation Division (RIID), along with operatives of the 905th Provincial Mobile Group (PMG) and the National Bureau of the Investigation (NBI) headed by Atty. Moises Tamayo.

The information was contained in a press release by the Zamboanga del Sur Provincial Police Office and during the press conference and the report was also published in a local paper Feb. 20-26 issue.

In the said news, government agents confiscated more or less 98 grams of methamphetamine hydrochloride from the suspects in separate interceptions.

Police then discovered two heat-sealed shabu sachets and a digital weighing scale hidden in a folded canvas in the car cover of Safari’s car. The suspect also yielded a Glock 23 Cal. 40 with one loaded magazine.

Pagadian NBI Chief Atty. Moises Tamayo
Pagadian NBI Chief Atty. Moises Tamayo
The suspects were charged in violation of the Comprehensive Drugs Act of 2002 (Republic Act 9165), a non-bailable offense.

But the suspects were said to have posted a bail of P200 thousand each, accordingly granted by Ramas, a week after being arrested and are no longer seen in the city after bailing out, unsapa.com sources said.

A report, though unconfirmed by unsapa.com, likewise said that an unidentified person strafed Safari’s house last week, killing a relative of his and a househelp.

“I will only stick on the legal issues of the case, daghan kaayong nahibulong tungod sa text messages ngano nga na released ang mga akusado,” Ramas continued.

In a tape-recorded interview, the judge explained that when the suspects were arrested, no prosecutors were around because all of them were attending a seminar in Zamboanga City.

City Prosecutor Domingo Santiago Briones has earlier issued a memorandum stating that all cases will be filed at the office of the Clerk of Court.

Executive Judge Anecito Galon
Executive Judge Anecito Galon
“So that in that particular incident, the apprehending officers filed directly with the clerk of court of the Regional Trial Court (RTC). The complaints signed by the arresting officers and upon its filing, Executive Judge Anecito Galon of the multi-sala RTC, Pagadian City, immediately issued an order finding the probable cause and for the commitment of the accused,” Ramas narrated.

“The following day, the counsel of the accused filed a motion invoking their right to a preliminary investigation and was granted favorably by the executive judge remanding the case to the city prosecutor’s office. I ordered and granted the release of the suspects after posting their bail, citing the case of Rolito Go vs. court of appeals,” he added.

In the said case of Go mentioned by Ramas, the Supreme Court has ruled that “when the case remanded for the conduct of a preliminary investigation and that there is yet no finding of probable cause such as the right of an accused to a preliminary investigation is a matter of rights.

“This is what happened in the case of Safari, which was lodged before me,” he justified.

“So when the case was eventually raffled to my court, the counsel for the accused filed a motion to fixed bail, but actually it was a nature of an application for bail. There was actually a hearing and there was no railroading of this case. All incidents that happened, including the orders issued were done after due hearing,” Ramas clarified.


“During the hearing of application of bail, the prosecution considered that it is a matter of right to bail considering that the case now is with the prosecution for the conduct of a preliminary investigation to find probable cause as basis for the filing of information duly signed by the authorized persons who are the prosecutors only,” the judge added.

When this reporter asked as to the quantity of shabu confiscated from the suspects if it is not bailable? “Yes it is not bailable,” Ramas replied, “But since the accused claimed their rights for preliminary investigation and was allowed and acted favorably by the executive judge, then it is safe to say that one is innocent”.

“The constitutional presumption of innocence before guilt applies. There is actually no bail but I granted their bail because they have claimed the rights and the case is under preliminary investigation and that there is yet no probable cause,” the judge added.

But a drug-related case is a special case and therefore the Rolito Go doctrine cannot apply here? “Yes, but you cannot limit the application of the Rolito Go doctrine because once the Supreme Court ruled the same, it becomes part of the law of the land,” was his reply.

“You will not speak of a special law. In fact murder is now considered a heinous crime and it is also non-bailable. With the enactment of the National Security Act, heinous crimes are now penalized.”

Ramas, who became emotional during the length of this interview, said that “the public should be informed about this matter because I’m so sad, so disheartened that all blaming fingers were directed at me.”

“To be honest, I am just doing my job too, within the parameters of my office. Some people are out to discredit me because I refused to follow their wishes to bend the law in their favor,” he confided.

The legal issues with regard to the release of the suspects in a drug case are not finished, Ramas said, explaining the case is now with the prosecutor’s office and on course in the conduct of a preliminary investigation and not dismissed.

He added the text messages being circulated around pointing a finger at him for the release of the Safari couple has put pressure on him.

“I am now contemplating to inhibit myself on this case and confer this with the executive judges but if I decide to continue holding this and the prosecutors can establish guilt of the accused, I will convict them, or otherwise, I will dismiss the case,” was his parting words.

Buenaobra, in his reaction to the said text messages, merely said that the successful chase of the suspects transporting illegal drugs was a result of citizen cooperation.

“We will continue our operation in support of the government’s program against illegal drugs trafficking,” he added.

Last update : 25-03-2008 19:51

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