Initial investigation into the shocking releasing of the country's highest-ranking leader of the New People's Army (NPA), detained at the provincial jail since May 2014, has revealed a well-guarded conspiracy allegedly plotted by powerful persons in Bohol, in collusion with jail officials, and with the backing of a city councilor, congressman and former governor. At a Provincial Peace and Order Council (PPOC) meeting, Gov. Edgar M. Chatto and Provincial Administrator Ae Damalerio, at the promptings of Romy Teruel, hammered the warden of Bohol Detention and Rehabilitation Center (BDRC) with inquiries how and why he allowed Roy Erecre to leave the provincial jail last week as a freeman despite the P5.4-million bounty on Erecre's head and pending rebellion, robbery and murder charges. A transcript of the PPOC meeting proceedings released to media has raised questions on the propriety of City Councilor Adam Jala, Second District Rep. Aris Aumentado, former governor and lawyer Victor Dela Serna and BDRC warden Jose Rusylvi Abueva, who all allegedly worked together in releasing Erecre from jail after the detainee posted a reported P.5 million bail.

Before Erecre was arrested on May 6, 2014 in Davao City by combined elements of the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP), the Boholano NPA commander had been groomed to lead the entire operations of the NPA in the Philippines after the March 22, 2014 arrest of Tiamzon couple created a vacuum in the NPA national leadership. Benito Tiamzon, chairman of the CPP-New People's Army (NPA), and his wife Wilma Tiamzon, CPP-NPA secretary-general, were arrested in Cebu last March 22 over standing warrants of arrest for crimes against humanity, including murder, multiple murder, and frustrated murder charges. The sudden twist of Erecre's fate shocked both the military and the police in the province, including provincial officials. National daily news articles had reported that Erecre, alias Toto and Pasyong, was arrested by virtue of several arrest warrants at the vicinity of the Doña Vicenta Subdivision in Barangay Bajada, Davao City, on the first week of May 2014.

The following arrest warrants were served during Erecre's arrest for various cases, namely: Criminal Case No. 2116, for robbery in band, issued by Judge Felina Digal-Vano of the 15th Municipal Circuit Trial Court in Bilar, Bohol, with no bail recommended, and Criminal Case No. 14-010-g for Frustrated Murder, ISSUED BY Judge Katrina Go of Branch 49, 6th Regional Trial Court in San Carlos City, Negros Oriental, with bail fixed at P200,000. Also brought in for questioning was Erecre's alleged live-in partner and companion, Judith Jaron-Niog, alias Gila, alleged secretary of the Communications Bureau of the KR-SB. Military sources said Erecre is known for his alleged involvement in several raids and ambuscades of PNP stations and military units and personnel in Central Visayas.

The alleged crimes, among others, included the June 11, 1999 raid of the headquarters of the PNP Regional Mobile Group, Combat Support Company and the ambush which led to the death of then fresh Philippine Military Academy (PMA) graduate Lt. Socrates Que who was killed in March, 2000 in Carmen, Bohol and Lt. Ronnie Bungaos who was killed in ambush on March 8, 2003 in Mabini, Bohol. For the sake of public transparency in a democratic society, PPOC has made its meeting proceedings public: Romy Teruel: First, on the report of Erecre's release on bail, may we know the facts of the case why he was allowed to go on bail when from the reports that came the legislators it would seem that all the charges could be filed from the Penal code was filed against him. So that would include murder and all non-bailable crimes so may we ask the provincial prosecutor if he knows the facts of the case so we can understand why Roy Erecre was released on bail also because his lawyer is a government elected official. I'm surprised why he should defend Roy who is an enemy of the state and he is in public office. So may we know Mister Chair the facts to the case maybe from Atty. Delusa. Gov EMC: So Romy's questions is two-pronged, one is the circumstances behind the bail, granting the bail and the other is a question of a government official who is also a part of govt representing a client a client from the other fence of government. Is there any prohibition in that effect or Is that well within the legal framework of practicing lawyers. That is the question of Romy, right Rom?

Fiscal Delusa: Thank you Mister Chair, with respect to the release of Mr Erecre, actually Mr. Erecre is arrested by virtue of a warrant of arrest of the case against him in Bilar, Bohol for the crime of robbery which is bailable. So he was able to put up bail in that case but we have to research because we are having efforts to hold him because that we know he has also some charges in other provinces and other parts in Bohol. So, we filed a case for the reinstatement of the case in branch 49, that incidence happened last 1998 or 1999 in Sta. Fe, Danao and you can recall this incident because it was in broadcast and radio. Roy Erecre was not seen at that time because he was at large, to repeat that case was archived so because of his arrest we filed a revival of the case. You know Erecre has a lawyer, they filed a motion to put up bail although the case, the criminal information was failure so the case is no bail recommended but the counsel for Erecre filed petition in court to bail with the reason that evidence is weak. That is discretion of the court to issue a release order. So, the assigned fiscal objected to the motion so the court was compelled to hear the petition of bail so the court scheduled a hearing for the bail. So the fiscal requested to subpoena to notify the witnesses of the case.

There are 8 witnesses in this case, so the court issued the subpoena based on the addresses described in the…. I was informed the subpoena or notice of the hearing were returned because of the (inaudible sound) of the witnesses. I cannot blame the witnesses because most of these witnesses are officers and members of the Provincial Mobile Group (PMG). Since it is really 15 years ago we presumed that this people are assigned in different places. Accordingly, all of these witnesses did not attend the scheduled hearing for the case so the court perhaps was compelled to issue an order for the release of the Mr Erecre by reason of the non appearance of the witnesses. Actually when I check the records of this case the involved Criminal Information, basin wa mu kasabot sa Information, kining Information, murag complaint ni siya. Sa complaint idescribe mu ang participation, kaning Roy Erecre et.al.,daghan ni sila. Ang rebellion, there are two types of rebellion: simple ug non-bailable, ang simple, mao ni ang mga followers, ang non bailable ang leaders. Sa allegation sa Criminal Information or complaint sa layman's language wala ma specify or ma describe ang participation ni Erecre. Sa hearing sa court, mag base man ka sa Information sa kaso, so the court, upon perusal of the evidence, they could not establish nga kini si Roy Erecre, at that time was the leader of the NPA because it is very hard to substantiate or to establish that Roy Erecre at that time was the leader of the NPA.

Kinsa may mu barog nga leader siya nga kadto ilang gibasehan nga si Erecre kuyog kuno adtong pagraid sa Sta Fe Provincial Mobile Group. Ang Fiscal nga assign adto was not at that time member of the prosecution nag alleged nga maora pod to iya gibasehan ang mga affidavit sa mga witnesses. All of this accused are the same participation wayamuy, kini siya leader, kinisiya followers, kinisiya sympathizers, wayamu grupo ni sila, ikaduha pod ang gibasehan sa korte, wa pod manunga ang mga witnesses to prove unta nga kining kasoha lig-on ug sufficient ang evidence. Wana gyud tay mahimu kay ang court midesisyon naman. Kani at this time, wa pa mi kadawat sa release order sa court nga releasing ni Roy Erecre, so at this time maora nay info. Gov EMC: I think there was a second question that Romy was asking. Can you restate it Rom? Romy Teruel: Yes, It is about Roy Erecre being represented by current City Kagawad Relson Jala, a member of the Sangguniang Panglunsod. Fiscal Delusa: I was informed that Kag. Relson Jala was present during the hearing for the bail but I'm not aware if he entered his appearance kay before ma recognize kasa court dapat mu enter ka ug appearance nay pleading ana nga muenster ka as counsel. Wako kahibaw ug officially, siya ba gyud ang counsel kay I deem nga siAtty Victor De la Serna ang counsel on record anang kasuha. Ug sila si Atty. Abapo, Atty. Nerio Zamora. During the time of the hearing of the bail, Atty De la Serna was present representing Roy.

Romy Teruel: I brought this up Mr. Chair because so much time has been spent to get to him, so much money is being spent to get him to face the bar of justice and all of the sudden our witnesses could not be found. I would expect that the prosecution should see to it that the witnesses are there in that hearing for bail, considering his position in the hierarchy of the CPP-NPA. I would expect that ……..whatever means required to be able to produce witnesses bisan pa ug …….. rana, we can always look for them if they are witnesses. So kanang na wala sila, we could not understand Mr. Chair.

Gov EMC: Yes, Provincial Administrator?

PA Ae: Thank you Mr. Chair. As a rejoinder of the question or query of Mr. Teruel, Mr. Roy Erecre has several cases. Like the rebellion case under branch 49, another rebellion case in branch 63, another case of simple murder or frustrated murder, another case of robbery in band. We agree with the statement of Mr. Romy that the government have been spending a lot and exerted all efforts to arrest Erecre. We know that this is a high profile personality. Would it not be appropriate on the part of our justice system or the prosecutors to give more time in coordination with our law enforcement units to strengthen and have the case built up so that it will also help in the prosecution? Or was it because of the persistence of some lawyers who assisted Roy Erecre in his case. While we agree that there are some cases that perhaps will lead to some conflicts in terms of representations from our government officials who are also helping some personalities who are identified as enemies of the state, may i also ask our provincial warden who is at that time, present at the BDJ to also release Mr. Erecre upon receiving the order. Who are the other personalities like government elected officials who were visiting Erecre during his stay at the Bohol District Jail. So I have two questions Mr Chairman, 1 is address to our Provincial Prosecutor and the second is addressed to Warden Abueva. Di ba kaha to ….. need more time, wa mu appear ang mga witnesses to give more time looking some of the witnesses who are already or perhaps assigned to other provinces.

Fiscal Delusa: Before the scheduled hearing, there is a military man approach to our office informing us that he is the one intervening this case. Actually he is an intelligence man from the military so we instructed him to locate the witnesses so that we can ask the court to issue a subpoena to the recent addresses. I don't know if this person submitted the latest addresses of this witnesses. But, I was informed that these witnesses were assigned in other places. I was just informed nga the subpoena were returned, I had to suggest the police station because I, I'm sure that the address in the subpoena were sent to the station. So, instead of returning the subpoena because the incumbent officer assigned in that station has to forward this subpoena to their main office in Tagbilaran. The Provincial Police Office forwarded this subpoena to the persons concerned. So, actually perhaps there were lapses in the sending of the communication. So, I have to make the handling fiscal to have a conference of this case because this a serious concern so that the public will be satisfied by the cases handled by the prosecution.

PA Ae: Thank you and may I request Warden Abueva for my second question aside from Councilor Adam Jala and Atty Victor dela Serna, or even prior to the court hearings may we know who were the other big personalities or some officials who visited Mr. Erecre. Warden Abueva: Good morning. Aside from Atty. Jala sir, as the government official the one who visited is Cong. Aumentado and some of his staffs, other agencies. Gov. EMC: We got another questions from the members of PPOC? By the way may I know if the questions of Romy were already answered about if government can stand, who has that answer? What is the guidance of provincial prosecutor that matter noh.. Member from PPOC: As a councilor of City of Tagbilaran can practice this efficient except when the complainant is the government the case has no…counts in Billions, akong nahibaw-an nga si Congressman nga Jala was the council , so he has the authority to the legal prominent in processing. Gov. EMC: So, the answer to the question of Romy is, if government official there are certain cases they cannot represent they answer from a certain specific that the government is in the other side, so that is the answer, we are not talking here the personalities, we are talking here the public officials. Now, with respect to the specific case on hand, the provincial prosecutor is clarifying that it is possible that the councilor presents the particular person subjected this discussion. Thank you.

Mr. Romy: Considering that the bale applied for robbery and yet rendered service by our men are they be release by the custody? Mr. Chairman: Most likely the urban releasing in prison, jailed in custodial in prison are hereby to release this person immediately unless, there is always unless there is other probable cause triggered detention. Ug maka hibaw siya nga naay pending nga warrant of arrest niya, unless there is a probable cause that is the description. He knows that there is a consistent warrant of arrest. PA Ae: Mr. chairman, 5 cases against Mr….that is.., I think that is 622 sakto ba Fiscal? Other rebellion criminal case that is a branch, and a simple rebellion case 272B, and other frustrated murder branch 64, connecting the question of Mr. Romy Teruel. This is the procedure of the provincial jail warden of Bohol district jail, and as much as other cases. Gov. EMC: When you received the notice from the court of the order what is your reaction and what moves did you do? Warden Abueva: When we received the notice and verified from the court particularly who signed the judges. So, kasoniRecrengana dismissed sa prosecution pa, then the second the rebellion worth by 40 thousand and because part of personal.Recre posted 100 thousandwhen it was proved that and signed by Arcamo, the final one was 200hundred thousand again was duely approved and signed by Arcamo. I was asking him why Arcamongapwedemaka claim ngaaningkasoha but according to him that the executive judge maka grant silaug bail. Katong upat gi verify nato sa piskalya. Authenticate ang call order sa process.

Gov. EMC: The provincial fiscal, there are other cases the responsibility risk of the jailer whether or not. That is part also of the question, are you trying to say that you exerted effort to say that already in your part to validate or to clarify that conditionality if present or not present so that you will have the full discussion with the committee. You have the responsibility to hold that case. Warden Abueva: So with that, based in our records received upon the agencies maoragyudna kay together with other agencies regarding sa case ni Erecre, usa ka subo kayo pagpalandong sir nga the person committed that case na released sa custodiya. Gov. EMC: By the way warden during your time, I know that in your mind. Could you also set pulling the director and also the army? Did you call the police office kay concern lang ta ana kung naa pa na hibilin. Warden Abueva: First of all sir, recently just this morning in terms of coordination nga murag na delay ang atong pag inform with the other agencies. Then, I turn to send them text messages. Sa ako ang part wa man koy mahimo as a custodian of the orders of the court, from jail to court hearings nga naang charges waiting for the court.