A JAIL warden will soon find himself behind bars for two months for conspiring with an Eastern Samar governor to remove from prison a mayor charged with murder.
In a decision promulgated on April 23, the Sandiganbayan Second Division convicted provincial jail warden Alexandrino Apelado Sr. for violating the Revised Penal Code, which prohibits the transfer of a prisoner from jail without the court’s permission.
Meanwhile, the case against former Eastern Samar Governor Ruperto Ambil Jr. was dismissed following his death in 2012.
Apelado was sentenced to only two months and one day for violation of Article 156 of the Revised Penal Code on delivering persons from jail.
According to the court, Apelado conspired with Ambil to transfer from the provincial jail Mayor Francisco Adalim of the town of Taft, Eastern Samar who was then charged with murder, a nonbailable offense, in Sept. 1998.
Witnesses said authorities took Adalim to the provincial jail for custody but Ambil transferred him to the governor’s residence supposedly to take the mayor under the governor’s custody.
Adalim was able to stay in the governor’s residence for 85 days until he was able to reduce his charges to homicide and availed himself of bail.
The court found no merit in the governor’s defense that he took custody of the mayor pursuant to Republic Act 6975 or the Department of the Interior and Local Government Act.
Governor Ambil said he took custody of the mayor as part of his discretion as provincial jailer, but the court said his only mandate is confined to management of the institution and conduct of its personnel.
The court also said it is clear that the provincial warden conspired with Ambil to transfer Mayor Adalim from jail.
“It is evident that the accused violated Article 156 of the Revised Penal Code (Delivering Persons from Jail). Accused Ambil admitted that he ordered the transfer of Mayor Adalim in the basement of his house until the latter posted bail for his provisional liberty without any lawful order from the Court,” the decision penned by Associate Justice Napoleon Inoturan said.
“From his admission, there was removal, as differentiated from escape. On accused Apelado Sr.’s part, by his overt acts of taking Adalim out of jail and personally escorting him to accused Ambil’s residence, there is no doubt that he committed the crime of delivering prisoners from jail, in conspiracy with Ambil,” the court’s decision added.