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[A.M. No. 01-7-453-RTC.August 14, 2001]

RE: REQUEST OF HON. MARIA CLARA L. LOBREGAT, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 14 2001.

A.M. No. 01-7-453-RTC(RE: Request of Hon. Maria Clara L. Lobregat, in her capacity as mayor of the city of Zamboanga, for the transfer of the arraignment and trial of criminal cases involving suspected Abu Sayyaf Group (ASG) members and other ASG-Related persons from Zamboanga City to another location.)

At the conference this afternoon held pursuant to the Resolution of 7 August 2001, the following appeared: (a) Secretary Hernando B. Perez of the Department of Justice; (b) Secretary Jose D. Lina, Jr., of the Department of the Interior and Local Government; (c) Undersecretary Edgardo E. Batenga of the Department of National Defense, in representation of National Defense Secretary Angelo T. Reyes; (d) Vice Governor John Henry Gregory U. Osme�a, Jr. in representation of Senator John Henry R. Osmena; (e) Lt. General Roy A. Cimatu in representation of AFP Chief of Staff Lt. General Diomedio P. Villanueva; (f)Cebu Governor Pablo P. Garcia; (g) Cebu City Mayor Tomas Osme�a; (h) PNP Director General Leandro R. Mendoza; and (i) PNP Region VII Director Avelino I. Razon, Jr. Each of them gave comments or views on the issue of whether the resolution of this Court of 25 July 2001 transferring the venue of the criminal cases involving Abu Sayyaf members from Zamboanga City to Cebu City should be reconsidered as prayed for in the motion for reconsideration dated 30 July 2001 of Senator John Henry Osme�a and the letter dated 31 July 2001 of Governor Pablo P. Garcia.

Governor Garcia explained further that the reasons given by Mayor Lobregat in her request are more applicable to Cebu in that the holding of the trial of the cases in question would have profound negative effects on the safety and security of the inhabitants of Cebu and on the various aspects of the economy, trade, commerce, industry, and tourism therein, as well as in the neighboring islands. Mayor Osme�a informed the Court that although initially he was not opposed to the resolution, he had to yield to the unanimous sentiments of the Cebuanos and, accordingly, he elaborated further on the negative effects of holding the trial in Cebu City. He committed the financial support of the City of Cebu to the extent of P5 million to meet the expenses which may be necessarily incurred for the transportation of the accused, witnesses, prosecutors, et al., once the venue is transferred to another place.

General Batenga and Director General Mendoza assured the Court of the capability of the military and the police to maintain peace and order and provide sufficient security to Cebu City and the entire province of Cebu for purposes of the trial of the cases in question. However, they have no objection to the re-transfer of the venue from Cebu City to another place.

Secretary Lina and Secretary Perez offered no objection to the reconsideration of the resolution of 25 July 2001.

During the discussions the following were considered as possible alternative venues for the trial of the cases in question: PNP's Camp Bagong Diwa in Taguig, Metro Manila; Camp Crame in Quezon City; Basilan; Clark Field in Pampanga; and Corregidor. What emerged by overwhelming consensus was Camp Bagong Diwa for the following reasons: (1) there are adequate facilities for the detention of the accused, for the witnesses, and for the trial; (2) the place is well secured; and (3) the safety and security of all concerned are assured.

ACCORDINGLY, the resolution of 25 July 2001 transferring the venue from Zamboanga City to Cebu City of the case involving suspected Abu, Sayyaf Group (ASG) members and other ASG-related persons is hereby reconsidered and set aside. The venue of said cases is hereby TRANSFERRED to Camp Bagong Diwa of the PNP located in Taguig, Metro Manila. Hon. Jesus Carbon, Presiding Judge of Branch 16 of the Regional Trial Court of Zamboanga City, is hereby directed to forward the records of the criminal cases in question to the Executive Judge of the Regional Trial Court of Pasig City, Metro Manila,' and to commit, under maximum security to be provided by the Director General of the PNP, the accused in said cases to the commanding officer or head of the Camp Bagong Diwa.

The Executive Judge of the Regional Trial Court of Pasig City shall forthwith raffle the cases among the judges of said court, including the Executive Judge; and the Judge to whom the cases shall be raffled should forthwith conduct continuous hearings thereon in Camp Bagong Diwa until the cases are finally decided. The trial judge shall be assisted by the regular personnel of his court.

The Department of Justice and the Philippine National Police shall adopt such measures as may be necessary to ensure the safety and security of the witnesses and of all those taking part in the trial of the cases.

The Office of the Court Administrator and the Director General of the PNP shall see to it that this resolution is faithfully complied with, including the arrangements of the facilities in Camp Bagong Diwa for the provisional courtroom, chambers of the Judge and Office of the Clerk of Court, etc..

Very truly yours,

LUZMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D.VILLARAMA

Asst. Clerk of Court

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